Baldev Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 21.03.2018 Baldev Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Ms. Dhivya, Advocate, for Mr. Navjot Singh, Advocate, for the petitioner.

Mrs. Anju Arora, Addl. Advocate General, Punjab. Mr. I.D. Singla, Advocate, for respondent No.3.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 47 dated 29.10.2015 under Sections 498-A, 313, 506, 120-B IPC, registered at Police Station Ghuman Kalan, District Gurdaspur.

This Court was pleased to pass the following order on 03.02.2016 :- "Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case. He further submits that on the same set of allegations, the co-accused of the petitioner were found innocent during investigation. The marriage between the parties took place about twelve years back. He further submits that Section 313 of the Indian Penal Code has been deleted. Petitioner is ready to settle the dispute with the

-2complainant.

Notice of motion for 27.04.2016.

Meanwhile, the petitioner is directed to join investigation and in the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer subject to his depositing an amount of ` 20,000/- by way of draft in favour of the complainantrespondent No.3, which shall be handed over to her. He shall join the investigation as and when required by the Arresting Officer. He shall also comply with the conditions as envisaged under Section 438(2) of the Code of Criminal Procedure, which are as under :- (i)that the petitioner shall make himself available for interrogation before arresting officer 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 from disclosing such facts to the court or to any police officer;

(iii)that the petitioner shall not leave India without the prior permission of the Court.

Petitioner and respondent No.3 are directed to be present in the Court on the next date of hearing." Learned counsel for the petitioner submits that the petitioner has joined the investigation.

Learned counsel for the respondent-State confirms the factum of joining investigation by the petitioner.

Since the petitioner has joined the investigation, the petition is allowed and interim order dated 03.02.2016 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

-3will comply with the conditions contained in Section 438(2) Cr.P.C. 21.03.2018 (JAISHREE THAKUR) JUDGE Whether speaking/reasoned Yes.

Whether reportable No.