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High Court of Punjab and HaryanaCRM-M/24181/2023allowed

Shivam Dhuria v. State Of Punjab

2024-02-12Mrs. Justice Manisha Batra2 pages

CRM-M-24181-2023 (O&M)   

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-24181-2023 (O&M) Date of Decision: 12.02.2024 SHIVAM DHURIA ....Petitioner

VERSUS

STATE OF PUNJAB AND ANOTHER ....Respondents CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA Present :

Mr. Naveen Malik, Advocate for the petitioner. Mr. Satjot Singh, AAG, Punjab.

Mr. Manu Loona, Advocate for respondent No.2. MANISHA BATRA, J. (Oral) The present petition has been filed under Section 438 of Cr.P.C. seeking anticipatory bail in FIR mentioned below:- FIR No.

Dated Police Station Sections 20.03.2023 City Fazilka, District Fazilka 406, 498-A, 506 of IPC 2.

Vide order dated 12.05.2023 passed by this Court, the petitioner was released on interim bail and was directed to join investigation. 3.

Though as per report received from the Mediation and Conciliation Center, there is a possibility of amicable settlement of dispute between the parties and request for an extension of time has been made out but learned counsel for respondent no.2-complainant has submitted that there is no chance of any Deepak Patwal 2024.02.14 14:04 I attest to the accuracy and integrity of this document chandigarh

CRM-M-24181-2023 (O&M)   

settlement between the parties. During the course of mediation proceedings, the respondent No.2 had gone to live with the petitioner but the same has resulted in filing of another complaint registered at Police Station, Kharar against the petitioner as he had physically assaulted her during that period itself. 4.

Learned State counsel on instructions submits that the petitioner has joined the investigation on 26.05.2023 and he is not required for custodial interrogation.

5.

In view of the said facts, without commenting on the merits of the case, the present petition is allowed and the order dated 12.05.2023 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure. ( MANISHA BATRA ) 12.02.2024 JUDGE Deepak Patwal NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Deepak Patwal 2024.02.14 14:04 I attest to the accuracy and integrity of this document chandigarh