Kulwinder Singh And ANR. v. State Of Haryana

CRM No.M-18014 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No.M- 18014 of 2017(O&M) Date of Decision: July 25 , 2017.

Kulwinder Singh and another ...... PETITIONER (s)

Versus

State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Mandeep Kaushik, Advocate for the petitioners.

Mr. Anmol Malik, AAG, Haryana.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.88 dated 22.02.2017 under Sections 120B/379/494/498/ 506 IPC registered at Police Station Sadar Thanesar, District Kurukshetra. As per the allegations in the FIR registered on the complaint of Sohan Singh, petitioner No.2 solemnized marriage with petitioner No.1 on 13.11.2016 during the subsistence of her marriage with the complainant, without obtaining divorce from him. The petitioners, as per the FIR, approached this Court seeking protection after solemnizing marriage in an illegal manner. Learned counsel for the petitioners submits that the petitioners are being Omkar Singh 2017.07.27 10:28 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-18014 of 2017 [2] needlessly harassed at the hands of the complainant. No case is made out against the petitioners as alleged. Moreover, the petitioners, it is submitted, have joined investigation pursuant to order dated 19.05.2017. Therefore, this petition be allowed.

Learned counsel for the State, on instructions from SI Satyawan, submits that the petitioners have joined investigation and they are not required for custodial interrogation. Petitioners, it is verified, are not involved in any other criminal case.

There are no allegations on behalf of the State that the petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Keeping in view the facts and circumstances as above but without commenting upon or expressing any opinion on the merits of the case, this petition is allowed. Consequently, order dated 19.05.2017 is made absolute. ( LISA GILL ) July 25 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2017.07.27 10:28 I attest to the accuracy and authenticity of this document Chandigarh