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High Court of Punjab and HaryanaCRM-M/13969/2024allowed

Inderpal v. State Of Haryana And ANR.

2024-05-29Ms. Justice Nidhi Gupta3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 29.05.2024 Inderpal .... Petitioner

Versus

State of Haryana and another .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Ms. Neha Bindal, Advocate for Mr. S.S. Gill, Advocate for the petitioner.

Mr. Surinder Kumar Dagar, DAG, Haryana.

NIDHI GUPTA, J. (ORAL) The petitioner has filed the present 1st petition under Section 438 Cr.P.C. seeking anticipatory bail in Criminal Complaint No. COMI22-2022 dated 21.09.2023 (Annexure P-1) titled as 'Beant Kaur vs. Inderpal', filed under Section 354, 354-A and 506 IPC pending adjudication before the learned Judicial Magistrate Ist Class, Ellenabad, District Sirsa.

On 18.03.2024, when this case was listed for hearing, following order was passed by this Court:- "Prayer in this first petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case Criminal Complaint No.COMI-22-2022 dated 21.9.2023 titled as 'Beant Kaur vs. Inderpal', filed under Sections 354, 354-A and 506 IPC (Annexure P-2). Learned counsel for the petitioner inter alia submits that the complainant had earlier lodged an FIR No.0006 dated 05.1.2023 (Annexure P-1), under Sections 354, 354-A and 506 IPC, at Police Station Rania, District Sirsa against

-2the petitioner, wherein a compromise was effected between the parties, as a result of which, the said FIR (Annexure P-1) had been cancelled on 10.8.2023. Learned counsel contends that on the very same allegations, the complainant has now filed the present complaint (Annexure P-2) on 21.9.2023, in which the petitioner has been summoned under Sections 354, 354-A and 506 IPC. Learned counsel states that the alleged date of incident, as per the earlier FIR (Annexure P- 1) and the present complaint (Annexure P-2) is 31.12.2022 between 09:00 to 10:00 AM. It is stated that even in the first instance, the FIR was registered after a delay of six days. Notice of motion for 29.4.2024.

As the present is a complaint case, the petitioner is directed to appear before the learned trial Court/Illaqa Magistrate within a fortnight from today i.e. on 03.04.2024, whereupon he shall be released on interim bail by the learned trial Court/Magistrate, subject to his furnishing the bail bonds and surety bonds to the satisfaction of the learned trial Court/Illaqa Magistrate and in case of failure to do so, the present petition shall be deemed to have been dismissed. Needless to say that the petitioner shall abide by the conditions as envisaged underSection 438(2) Cr.P.C.:- i) that the petitioner shall make himself available for proceedings before the trial Court as and when required ;

ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer ;

iii) that the petitioner shall not leave the country, without prior permission of the Court and shall surrender his passport, if any.

The learned trial Court shall also send compliance report in this regard by the next date of hearing." Learned counsel for the petitioner submits that in compliance of the order dated 18.03.2024 passed by this Court, the petitioner had appeared before the learned trial Court on 27.03.2024 and was released on bail.

Pursuant to the order dated 18.03.2024, compliance report

-3from the learned Judicial Magistrate Ist Class, Ellenabad vide letter dated 22.04.2024, duly forwarded by the learned District and Sessions Judge, Sirsa has also been received; wherein it has been reported that the petitioner had appeared before the Court on 27.03.2024 and was admitted to interim bail on his furnishing bail bonds in the sum of Rs.40,000/- with one surety in the like amount, subject to the conditions as enumerated in the order dated 18.03.2024.

Learned counsel for the State submits since in the present case private complaint has been filed by the complainant, therefore, he has no instruction in the matter.

In view of the above, the order dated 18.03.2024 is made absolute.

However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He is directed appear before the learned trial Court on each and every date of hearing and shall also abide by the conditions as enumerated in the order dated 18.03.2024, failing which the learned trial Court shall cancel the concession of interim bail granted to the petitioner.

The petition stands disposed of.

29.05.2024 ( NIDHI GUPTA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No