Harwinder Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-12053-2019 Date of decision:28.8.2019 HARWINDER SINGH ....Petitioner

Versus

STATE OF PUNJAB & ANR.

.....Respondents **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Vijay Rana, Advocate for the petitioner.

Mr. Kirat Singh Sidhu, DAG, Punjab.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioner seeks grant of anticipatory bail in respect of FIR No.163 dated 18.10.2018 under Sections 406, 498-A, 120-B IPC, Police Station Bhogpur, Jalandhar.

2.

The FIR was lodged at the instance of Jasvir Kaur wherein it has been alleged that she was married to petitioner-Harwinder Singh on 5.10.2011 and that the petitioner and other members of his family were given a large number of valuable gifts and gold ornaments as per their demand but despite the same they were not happy and used to harass the complainant in order to press upon their demand of dowry. 3.

Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case solely on account of some matrimonial incompatibility between the parties and entire allegations GAURAV SOROT 2019.08.28 18:24 I attest to the accuracy and integrity of this document

(2) CRM-M-12053-2019 regarding demand of dowry and misappropriation of 'Istri Dhan' and dowry articles are false.

4.

Learned State counsel has submitted that since the petitioner is specifically named in the FIR, no case for grant of anticipatory bail is made out. It has however been informed that the petitioner has joined investigation and that challan has already been presented. It has also been submitted that the petitioner has only got two gold rings recovered and other articles allegedly given by the complainant and her family are yet to be recovered.

5.

Having regard to the facts and circumstances of the case and while noticing that present case mainly arisen out of the matrimonial discord and that challan has already been presented, this Court does not find that present case to be such which would warrant any custodial interrogation at this stage. Accordingly the petition is accepted and the interim directions issued vide dated 2.4.2019 by this Court are hereby made absolute subject to the condition that the petitioner would appear before Investigating Officer as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

6.

The petitioner is directed to appear regularly before the trial Court. ( GURVINDER SINGH GILL) 28.8.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.08.28 18:24 I attest to the accuracy and integrity of this document