High Court of Punjab and HaryanaCRM-M/18328/2017allowed

Vipan Pal Singh v. State Of Punjab

2017-11-14Mr. Justice Satpal3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 18328 of 2017(O&M) Date of Decision: November 14 , 2017.

Vipan Pal Singh ...... PETITIONER (s)

Versus

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

Present:

Mr. Sarbjit Singh, Advocate for the petitioner.

Mr. Saurav Khurana, DAG, Punjab.

*****

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.6 dated 14.04.2016 under Sections 420/498A IPC registered at Police Station NRI, Amritsar District Amritsar. It is submitted that the petitioner has been falsely implicated in this case. The abovesaid FIR was registered due to temperamental differences between the parties on a complaint sent via email by the complainant from Australia. The complainant in this case is admittedly living in Australia. The petitioner expressed his resolve for an amicable resolution of the entire dispute

-2with the complainant. Parties were directed to appear before the Mediation and Conciliation Centre of this Court in CRM No.M-33956 of 2016 filed by the petitioner for quashing of the abovementioned FIR. Liberty was afforded to the complainant to be represented through her father who is also her authorized power of attorney holder. However neither the complainant nor her power of attorney holder appeared before the Mediator, due to which mediation could not be carried out between the parties. It is pointed out that the presentation of challan in the abovementioned FIR has stayed by this Court in CRM No.M33956 of 2016. The petitioner has joined investigation pursuant to order dated 22.05.2017 passed by this Court. He undertakes to face the proceedings and not misuse the concession of anticipatory bail, if afforded to him. It is thus prayed that this petition be allowed.

Learned counsel for the State, on instructions from SI Prabhdayal Singh, submits that the petitioner has joined investigation, though it is submitted that some of the articles handed over by the petitioner are not verified to be those of the complainant. The petitioner, it is verified, is not involved in any other criminal case.

There are no allegations on behalf of the State that the petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts before the Court, if released on bail. Keeping in view the peculiar facts and circumstances as above but without commenting upon or expressing any opinion on the merits of the case, it is considered just and expedient to allow this petition. Consequently, order dated 22.05.2017 is made absolute.

-3It is however made clear that the petitioner shall not leave India without prior permission of the court of competent jurisdiction. It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition. ( LISA GILL ) November 14 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No