High Court of Punjab and HaryanaCRM-M/43002/2015allowed

Deepak Garg v. State Of Haryana And Another

2016-12-20Mrs. Justice Raj Rahul Garg2 pages

CRM-M-43002-2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-43002-2015 Date of Decision:- 20.12.2016 Deepak Garg ....Petitioner

Versus

State of Haryana and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Payal Mehta, Advocate for the petitioner.

Mr. D. R. Singla, AAG, Haryana.

Mr. Vikas Mohan Gupta, Advocate for respondent No.2.

**** RITU BAHRI, J. (Oral) Petitioner has filed the present petition against order dated 08.12.2015 (Annexure P-1), passed by learned Additional Sessions Judge, Hisar whereby regular bail granted to him, vide order dated 16.12.2014, has been set aside.

Vide order dated 16.12.2014 (Annexure P-6), while granting regular bail to the petitioner it has been observed by the Court of learned JMIC, Hansi that vide recovery memo all the dowry articles have since been recovered from the accused and the said recovery memo was taken on record. Naresh Kumar 2017.01.19 10:20 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-43002-2015 -2Learned counsel for the petitioner has referred to recovery memo dated 14.08.2014 (Annexure P-5) vide which all the dowry articles including gold ornaments, silver and one diamond nose pin have been recovered from the petitioner. Moreover, now after a gap of almost seven months, the trial Court while recording the prosecution witnesses, has passed the impugned order only on the ground that the order of regular bail granted to the petitioner was not within the knowledge of complainant.

Learned State counsel, on instructions from ASI Dharampal, has informed that this recovery memo is part of the judicial official record and all the dowry articles have been recovered from the petitioner when regular bail was granted to him, vide order dated 16.12.2014 (Annexure P-6). After hearing learned counsel for the parties and keeping in view the fact that vide recovery memo dated 14.08.2014 (Annexure P-5) all the dowry articles have since been recovered from the petitioner, the present petition is hereby allowed and accordingly, impugned order dated 08.12.2015 (Annexure P-1), passed by learned Additional Sessions Judge, Hisar, is hereby set aside.

December 20, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2017.01.19 10:20 I attest to the accuracy and integrity of this document Chandigarh