High Court of Punjab and HaryanaCRM-M/24690/2017disposed of

Harvinder Singh v. State Of Punjab

2017-11-30Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-24690-2017 Date of decision: 30.11.2017 Harvinder Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr.Shiva Khurma, Advocate, for Mr. Sarfraj Hussain, Advocate, for the petitioner.

Mr. Davinder Bir Singh, DAG, Punjab.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed for grant of anticipatory bail to the petitioner in case FIR No.86 dated 18.05.2017 under Sections 376, 328 and 506 of the IPC, registered at Police Station Sadar Kurali, District SAS Nagar, Punjab.

This Court was pleased to pass the following order on 13.07.2017 :- "It is inter alia contended that as per the statement of the prosecutrix that was recorded on 16.05.2017 before the SHO at Police Station Majri, the complainant had stated that she had quarreled with her husband on 08.05.2017 and she had left for her parents' house without informing anybody. In that statement which was recorded two days prior to the lodging of the FIR in question, there is no mention of the incident as alleged under Section 376 IPC having occurred on 08.05.2017. Counsel for the petitioner submits that custodial interrogation is not required and no recoveries are to be effected from the petitioner. He further submits that the petitioner is ready to join the investigation. Notice of motion for 30.11.2017.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety to the Satyawan 2017.12.02 14:11 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-24690-2017 -2satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C. " Learned counsel for the respondent-State submits that the petitioner has joined the investigation.

In view of the fact that the petitioner has joined the investigation, the petition is allowed and interim order dated 13.07.2017 is hereby made absolute subject to the condition that the petitioner will not tamper with evidence or hamper the investigation; will not leave India without permission of the Court and will comply with the conditions contained in Section 438(2) Cr.P.C.

30.11.2017 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2017.12.02 14:11 I attest to the accuracy and authenticity of this document High Court Chandigarh