Jasbir Singh v. State Of Punjab & ANR

CRM No.M-39273 of 2016 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No.M- 39273 of 2016(O&M) Date of Decision: February 1 , 2017.

Jasbir Singh ...... PETITIONER (s)

Versus

State of Punjab and another ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Amandeep Singh Manaise, Advocate for the petitioner.

Ms. Shivali, AAG, Punjab.

None for respondent No.2.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

As per office report, respondent No.2 has refused to accept the notice. Her service is thus complete.

Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.49 dated 12.09.2016 under Sections 498A/354/328/370/ 511/506/34 IPC registered at Police Station Behrampur, District Gurdaspur. It is contended by learned counsel for the petitioner that respondent No.2 i.e., the petitioner's wife had earlier moved a complaint at police station Behrampur against the petitioner levelling allegations of demand Omkar Singh 2017.02.01 17:48 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-39273 of 2016 [2] of dowry. No allegation with regard to the complainant being forced to immoral activities or flesh trade were levelled in the complaint, which was submitted in March, 2016. Subsequently, the present FIR has been lodged with the allegations that the complainant is being forced into immoral activities. It is submitted that the petitioner has joined investigation pursuant to order dated 07.11.2016 passed by this Court. It is thus prayed that this petition be allowed. Learned counsel for the State, on instructions from ASI Ganesh Kumar, submits that the petitioner has indeed joined investigation and he is no longer required for custodial interrogation. No recovery is to be effected from him. It is also verified that a complaint was filed by respondent No.2 at an earlier point of time but an amicable settlement had been arrived at between the parties at that time.

There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. In view of the facts and circumstances but without commenting or expressing any opinion on the merits of the case, this petition is allowed. Consequently, order dated 07.11.2016 is made absolute. ( LISA GILL ) February 1 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2017.02.01 17:48 I attest to the accuracy and authenticity of this document Chandigarh