Supreet Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 10.10.2018 Supreet Singh

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Dipanjay Sharma, Advocate, for Mr. Harleen Singh, Advocate, for the petitioner.

Ms. Rajni Gupta, Sr. DAG, Punjab.

Mr. G.D. Goyal, Advocate, for the complainant/respondent No.2.

**** JAISHREE THAKUR, J. (ORAL) The instant petition has been filed under Section 438 of Cr.P.C., for grant of anticipatory bail to the petitioner in case FIR No.256 dated 09.12.2017, under Sections 498-A, 406 of the Indian Penal Code, registered at Police Station Phase-1, District SAS Nagar Mohali. An affidavit has been filed by the State, which is taken on the record.

Learned counsel for the petitioner contends that the marriage survived only for 5 days and most of the dowry articles have been returned. He further submits that the petitioner has joined the investigation.

-2Learned counsel appearing on behalf of the respondent-State submits that out of the verified bills, approximately gold worth ` 2,98,000/- is yet to be recovered apart from the expenses that were spent on the marriage.

Learned counsel for the complainant also opposes the grant of anticipatory bail and confirmation of the same by contending that the interim order was procured on the false premise that the petitioner would like to compromise the matter which alleged statement has not been adhered to. It is also contended that recovery of the dowry articles is yet to be effected.

I have heard learned counsel for the parties. At this stage, learned counsel for the petitioner submits that the petitioner is ready to deposit ` 5,00,000/- with the trial Court, in lieu of the alleged recoveries that are yet to be effected. In view of the above, let an amount of ` 5,00,000/- be deposited with the trial Court in the form of a FD made out in the name of the complainant, in lieu of the alleged recoveries within a period of two weeks. The FD to be disbursed to the complainant in case, the complainant is successful in her allegations.

With the aforesaid directions, at this stage, without commenting on the merits of the case, the petition is allowed and order dated 02.02.2018 granting interim bail to the petitioner is made absolute subject to the conditions laid down in Section 438 Sub Section 2 Clauses (i)(ii) and (iii) of

-3the Code of Criminal Procedure and deposit of ` 5,00,000/- in lieu of istridhan.

10.10.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned No.

Whether reportable No.