Harsh Mehta v. State Of Punjab And ANR.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision : 09.02.2024 Harsh Mehta
...Petitioner
BEFORE: HON'BLE MS. JUSTICE NIDHI GUPTA
Present:
Mr. Amit Mehta, Advocate for the petitioner.
Mr. Kunwarbir Singh, AAG, Punjab.
*** NIDHI GUPTA, J. (ORAL) Prayer in the present first petition is for grant of anticipatory bail to the petitioner in case FIR No.16 dated 12.04.2023 registered under Section 498-A and 406 IPC at Police Station Women, District Police Commissionerate Ludhiana, Punjab.
On 02.06.2023, this Court had passed the following order:- "Through instant petition under Section 438 of Code of Criminal Procedure, 1973, the petitioner is seeking anticipatory bail in FIR No. 16 dated 12.04.2023, under Sections 498-A and 406 of IPC, registered at Women Police Station, Police Commissionerate, Ludhiana. Learned counsel for the petitioner inter alia contends that marriage of the petitioner with complainant was solemnized on 05.03.2016 and FIR came to be registered on 12.04.2023 i.e. more than seven years from the date of marriage. The complainant lodged complaint against 12 persons whereas FIR came to be registered against three persons which shows false implication on the part of the complainant. The petitioner has lodged FIR No. 32 dated 24.2.2022 under Sections 323, 324, 506, 148 and 149 of IPC against the complainant and she in
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retaliation of said FIR has lodged present FIR against the petitioner and his family members. The petitioner is ready to join investigation and face proceedings. There is no possibility of flee from justice. The arrest would cause irreparable loss, mental agony, embarrassment and humiliation to petitioner as well entire family.
Notice of motion, returnable for 06.07.2023.
On the asking of Court, Ms. Guramrit Kaur, DAG, Punjab, who on advance notice, is present in court, accepts notice on behalf of Staterespondent. Having considered contents of the FIR, role attributed to the petitioner, gravity of offence, sentence prescribed for commission of alleged offence, arguments put forth by the petitioner and law enunciated by Hon'ble Supreme Court in Thana Singh v. Central Bureau of Narcotics, (2013) 2 SCC 590, Arnab Manoranjan Goswami V. State of Maharashtra, (2021) 2 SCC 427,Satender Kumar Antil V. CBI (2022)10 SCC 51, Siddharam Satlingappa Mhetre V. State of Maharashtra & Ors., 2010 SCC OnLine SC 1375, Shri Gurbaksh Singh Sibbia V. State of Punjab (1980) 2 Supreme Court Cases 565, Arnesh Kumar V.
State of Bihar (2014) 8 SCC 273, this Court is of the prima facie opinion that petitioner deserves protection from arrest. Accordingly, at the first instance, the petitioner is directed to appear before investigating officer on 09.06.2023 and thereafter as directed by IO. In the event of arrest, the petitioner shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of investigating/arresting officer. The petitioner shall co-operate the investigating officer.
If the arresting officer does not permit the petitioner to join the investigation, the petitioner would appear before the learned Illaqa Magistrate who would then summon the arresting officer and direct him to join the petitioner in investigation, in terms of the orderof this Court.
Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and trial court shall proceed without being prejudiced by observations of this court" Pursuant to the interim bail granted to the petitioner by a Coordinate Bench of this Court vide order dated 02.06.2023, at the request of
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the parties, they were referred to Mediation and Conciliation Centre of this court vide order dated 09.10.2023. Learned counsel for the parties informed that they have amicably settled the matter vide settlement agreement dated 31.01.2024. This fact is also evident from the report dated 01.02.2024 of the Mediator. Learned counsel for the petitioner further informs that the petitioner has joined the investigation on 06.07.2023.
In view of the above, the order dated 02.06.2023 granting interim bail to the petitioner is made absolute. However, the petitioner shall abide by following conditions:- i) He shall join the investigation as and when required by the Investigating Officer.
ii) He shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the Investigating Officer/Court; and iii) He shall not leave the limits of this country without prior permission of the Court.
In case at any given point of time hereinafter, it is felt by the investigating agency that the petitioner is required for the investigation but is not cooperating, they will be at liberty to approach this Court for passing appropriate orders.
(NIDHI GUPTA) February 09, 2024 JUDGE ps Whether speaking/ reasoned :
Yes/No Whether reportable :
Yes/No