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High Court of Punjab and HaryanaCRM-M/44780/2018allowed

Hakam Singh And ORS v. State Of Punjab

2019-07-24Mr. Justice Hari Pal Verma2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No.M-44780 of 2018 Date of Decision: 24.07.2019 Hakam Singh & others

...Petitioner(s)

Versus

State of Punjab and another

...Respondent(s)

CORAM:- HON'BLE MR. JUSTICE HARI PAL VERMA Present:- Mr. Parminder Singh-I, Advocate for the petitioners.

Mr. Harpreet Singh Multani, AAG, Punjab.

Mr. Arjunveer Sharma, Advocate for respondent no.2.

***** HARI PAL VERMA, J. (Oral) Prayer in the present petition filed under Section 438 of the Code of Criminal Procedure, 1973 is for grant of anticipatory bail to the petitioners in case FIR No.128 dated 09.09.2018 under Sections 306/34 IPC registered at Police Station Dialpura, District Bathinda. Learned counsel for the petitioners states that pursuant to order dated 10.10.2018, the petitioners have joined investigation and their custody is no more required.

Learned State counsel, on instructions from ASI Hardeep Singh, does not dispute the fact that the petitioners have joined ASHWANI KUMAR 2019.07.24 18:28 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-44780 of 2018 -2investigation and submits that their custodial interrogation is no more required.

On the other hand, learned counsel for respondent no.2 says that the deceased had committed suicide, as the petitioner no.2 (husband) was having illicit relationship with a lady.

I have heard learned counsel for the parties. The argument raised on behalf of respondent no.2 that petitioner no.2 was having illicit relationship with a lady, on account of which the deceased committed suicide, is yet to be established during trial. Considering the fact that the petitioners have joined investigation and their custody is no more required, the present petition is allowed and the interim order dated 10.10.2018 is made absolute.

However, the petitioners shall join the investigation as and when directed by the investigating agency and shall abide by the terms and conditions laid down under Section 438(2) Cr.P.C. July 24, 2019 ( HARI PAL VERMA ) AK JUDGE Whether speaking / reasoned?

Yes / No Whether reportable?

Yes / No ASHWANI KUMAR 2019.07.24 18:28 I attest to the accuracy and integrity of this document