Meera v. State Of Punjab

RAJ KUMAR ARORA 2015.02.04 17:15

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-43851-2014 (O&M).

Decided on: February 4, 2015.

Meera ..... Petitioner(s)

Versus

State of Punjab ..... Respondent(s) * * *

CORAM:

HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Ms.Manreet Kaur, Advocate, for the petitioner.

Mr.J.S.Brar, AAG., Punjab.

Mr.B.S.Sewak, Advocate, Mr.Vishavjeet Singh, Advocate, for complainant Gurdeep Kaur.

M.M.S. BEDI, J (ORAL) Case file has been received back from the Mediation and Conciliation Centre of Punjab and Haryana High Court with a report that the matter could not be compromised. The petitioner is mother-in-law of the complainant Gurdeep Kaur who was allegedly maltreated, assaulted and tortured by her husband and the petitioner.

It is claimed that the lady is not required for investigation. However, on the instructions of the investigating officer ASI Gurdev Singh, State counsel assisted by the counsel for the complainant has submitted that four gold rings, a gold karra and a pair of earn rings are yet to be recovered.

Without entering into the disputed question of fact whether the recoveries have already been effected, it is sufficient to observe that chances of reconciliation of the complainant and the son of the petitioner are remote. In view of two months having elapsed since lodging of the FIR; the petitioner having joined investigation, and the dispute regarding settlement of the amount of lump sum alimony yet to be determined, I deem it appropriate to grant the concession of pre-arrest bail to the petitioner subject to the conditions that the alleged articles sought to be recovered are returned to the complainant or handed over to the investigating officer or on payment of approximate price of the same. The petition is allowed. It is ordered that in case of arrest of the petitioner he will be released on bail to the satisfaction of the arresting officer subject to the following conditions: - (i) that the petitioner will join investigation as and when required;

(ii) that the petitioner will not tamper with the evidence or hamper investigation, in any manner; and (iii) that the petitioner will pay a bank draft of Rs.1 lac in the name of complainant Gurdeep Kaur to the investigating officer within a period of one month. The investigating officer after receiving the same against recovery memo will hand over the same to the complainant without prejudice to the rights of the petitioner or the complainant. The amount received by the complainant would be adjustable towards any final settlement arrived at between the parties.

In case of violation of any of the conditions, it will be

open to the complainant to approach this Court for cancellation of the bail.

(M.M.S. BEDI) February 4, 2015.

JUDGE rka