Sudesh Chopra v. State Of Haryana And ANR

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision:- 24.02.2015 Sudesh Chopra .....Petitioner

Versus

State of Haryana and another .....Respondents

CORAM:

HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR

Present:

Mr. Gaurav Singla, Advocate, for Mr. Krishan Singh, Advocate, for the petitioner.

Mr. Naveen Sheoran, D.A.G., Haryana for the State.

Mr. Abhijat Gaur, Advocate for Mr. Gopal Sharma, Advocate for the complainant.

**** M EHINDER S INGH S ULLAR , J.(oral) Petitioner-Sudesh Chopra wife of Sharvan Kumar Chopra (mother-in-law), has preferred the instant petition for the grant of anticipatory bail, in a case registered against her along with her son and main accused Vikas Chopra (husband) of complainant Sarita, vide FIR No.09 dated 10.01.2015, on accusation of having committed the offences punishable under Sections 406, 498-A, 323 and 506 IPC, by the police of Police Station Civil Lines, Sonepat.

2.

Notice of the petition was issued to the State.

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After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.

4.

During the course of preliminary hearing, the following order was passed by this Court on February 06, 2015: - "-Learned counsel, inter alia, contended that the petitioner is mother-inlaw and has been falsely implicated in this case by the complainant-Sarita wife of Vikas Chopra, in order to put pressure and wreak vengeance. The argument is that all the main allegations of cruelty in connection with and on account of demand of dowry are assigned to main accused Vikas Chopra (husband). Very vague and general allegations are assigned to the present petitioner in this relevant connection.

Heard.

Notice of motion be issued to the respondents, returnable for 24.02.2015. Meanwhile, the petitioner is directed to join the investigation before the next date of hearing. In the event of her arrest, the Arresting Officer would admit her to bail on her furnishing adequate bail and surety bonds in the sum of Rs. 25,000/- to his satisfaction."

5.

At the very outset, on instructions from ASI Shyam Sunder, learned State Counsel has acknowledged the relevant factual matrix and submitted that the petitioner has already joined the investigation. She is no longer required for further interrogation, at this stage. All the main allegations of cruelty in connection with and on account of demand of dowry are assigned to main accused Vikas Chopra (husband). Very vague and general allegations are assigned to the present petitioner in this relevant connection. There is no history of previous involvement of the petitioner in any other criminal case. Moreover, all the offences alleged against the accused are triable by the Court of Magistrate. Even, since the

-3prosecution has not yet submitted the final police report (challan) against the accused, so, the final conclusion of trial will naturally take a long time.

6.

In the light of aforesaid reasons and taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioner, by virtue of indicated order of this Court, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case, as the same has been so recorded for a limited purpose of deciding the present petition for anticipatory bail. At the same time, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of her bail, in this Court. February 24, 2015 (MEHINDER SINGH SULLAR) naresh.k JUDGE