Brijpal Sharma v. State Of Haryana

CRM No.M-39986 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 39986 of 2017(O&M) Date of Decision: January 17 , 2018.

Brijpal Sharma ...... PETITIONER (s)

Versus

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

Present:

Mr. Jasvinder Singh Saini, Advocate for the petitioner.

Mr. Sanjay K.Saini, AAG, Haryana.

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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.

Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.146 dated 08.10.2017 under Sections 498A/406/323/377/ 354 IPC, registered at Police Station Women, Ambala City. It is submitted that the petitioner, who is the father-in-law of the complainant, has been falsely implicated in this case merely due to his relationship. The abovesaid FIR was registered due to temperamental differences between the complainant and her husband. Allegations raised against the present petitioner in the FIR were not reiterated by the complainant in her statement under Section 164 Cr.P.C. The co-accused of the present petitioner are on bail. Recovery of all dowry articles has been effected. Moreover, the petitioner has Omkar Singh 2018.01.18 10:14 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-39986 of 2017 -2joined investigation and he undertakes to face the proceedings and not misuse the concession of anticipatory bail, if afforded to him. Therefore, it is prayed that this petition be allowed.

Learned counsel for the State, on instructions from ASI Suman, Police Station Women, Ambala, submits that the petitioner has joined investigation pursuant to order dated 09.11.2017. His custodial interrogation is not required. No recovery is to be effected from him. The petitioner, it is verified, is not involved in any other criminal case. There are no allegations on behalf of the State that the petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts before the Court, if released on bail.

Keeping in view the facts and circumstances as above but without commenting upon or expressing any opinion on the merits of the case, this petition is allowed. Consequently, order dated 09.11.2017 is made absolute. It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition. ( LISA GILL ) January 17 , 2018.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2018.01.18 10:14 I attest to the accuracy and authenticity of this document Chandigarh