High Court of Punjab and HaryanaCRM-M/16022/2020allowed

Madan Lal v. State Of Punjab

2020-08-11Mr. Justice Arvind Singh Sangwan2 pages

In virtual Court CRM-M-16022-2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16022-2020 (O&M) Date of decision: 11.08.2020 Madan Lal ... Petitioner Vs.

State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Piyush Khanna, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

******* ARVIND SINGH SANGWAN, J. (ORAL) Prayer in this petition is for grant of anticipatory bail in FIR No.65 dated 24.05.2020 under Sections 323, 354-B, 452, 34 IPC, registered at Police Station Chabbewal, Hoshiarpur.

While granting interim bail to the petitioner, following order was passed by this Court on 23.06.2020: - "...The case was registered on the complaint of Sarabjit Kaur wife of Late Surinder Singh. She stated that on 18.5.2020 at about 5 PM, Madan Lal (petitioner) was roaming near her house under the influence of liquor. The complainant was standing in the gate. On seeing her, Madan Lal started abusing her. When she tried to enter her house, then Madan Lal also entered her house. He attacked her and pressed her neck with her chunni. He also started doing obscene acts with her and caught hold of her brest. VISHNU 2020.08.11 18:05 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

In virtual Court CRM-M-16022-2020 -2Meanwhile, Kulwant Lal and Bhupinder Singh also entered the house and they also gave beatings to her and torn her T-Shirt. Learned counsel for petitioner states that allegations against the petitioner are false. He states that complainant is the sister in law (Bhabhi) of petitioner. He has referred to a complaint submitted by daughter of petitioner (Annexure-P-2) to the SSP, Hoshiarpur wherein it has been stated that house of complainant is two houses away from their house and complainant used to obstruct the outflow of water from the drain passing in front of their house by keeping a brick. When her father stopped her, the complainant started abusing her father. The son and daughter of complainant also hit her father. He states that petitioner is approximately 60 years old and is retired from Army..." Learned counsel for the petitioner submits that in pursuance of the aforesaid order, the petitioner has joined the investigation and is not required for any further investigation.

Learned State counsel, on instructions from ASI Jarnail Singh, has not disputed the factual position and states that the petitioner is no more required for any further investigation.

In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 23.06.2020 is made absolute subject to the conditions envisaged under Section 438 (2) Cr.P.C. [ ARVIND SINGH SANGWAN ] 11.08.2020 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No VISHNU 2020.08.11 18:05 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.