High Court of Punjab and HaryanaCRM-M/26363/2019allowed

Amrik Singh v. State Of Punjab

2021-07-20Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-26363-2019 Decided on : 20.07.2021 Amrik Singh . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Vaibhav Narang, Advocate for the petitioner(s).

Mr. Luvinder Sofat, AAG, Punjab assisted by ASI Vipan Kumar.

**** MANJARI NEHRU KAUL, J. (Oral) The present petition has been filed under Section 438 Cr.P.C., for grant of anticipatory bail to the petitioner, in case FIR No. 85, dated 16.05.2019, under Sections 498-A, 406 of IPC, registered at Police Station Women Cell, District Police Commissioinerate Ludhiana.

Learned counsel for the petitioners states that pursuant to order dated 11th June, 2019 and 24th January, 2020, passed by this Court, the petitioner has joined investigation.

Learned State counsel on instructions from ASI Vipan Kumar, states that though the petitioner has joined investigation, however, certain gold ornaments have not yet been effected.

Per contra, learned counsel for the petitioner has disputed the submissions made by learned State counsel has submitted that the complainant had taken along with all her gold ornaments when she left her matrimonial home. He has submitted that whatever articles remained with the petitioner, have since been handed back by the petitioner and now, he is not in possession of of any other jewellery belonging to the complainant. Heard.

JAWALA RAM 2021.07.20 16:25 I attest to the accuracy and integrity of this document

CRM-M-26363-2019 - 2 - Be that as it may, the demand and entrustment of gold ornaments are all disputed questions of fact, which would be considered by the trial Court during trial.

Keeping in view the fact of petitioner having joined investigation pursuant to interim order dated 11th June, 2019 of this Court, the present petition stands allowed and interim order dated 11th June, 2019, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C. (MANJARI NEHRU KAUL) JUDGE July 20, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.07.20 16:25 I attest to the accuracy and integrity of this document