Pardeep Kumar v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 05.09.2024 Pardeep Kumar

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Ms. Jagdeep Kaur, Advocate for Mr. R.K. Arya, Advocate for the petitioner. Mr. Adhiraj Singh, AAG, Punjab.

None for respondent No. 2.

*** SUMEET GOEL , J.

(Oral) 1.

This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR No. 0040 dated 11.05.2024, registered for offences under Section 498-A of the IPC, at Police Station Qila Lal Singh, District Batala.

2.

On 07.06.2024, the following order was passed:- Learned counsel for the petitioner inter-alia contends that the petitioner has been falsely implicated in the case on account of a matrimonial discord between the petitioner and the complainant; the petitioner has no other criminal antecedents; the allegations of dowry and torture are absolutely vague and unsubstantiated; even the allegations of the petitioner having an extra-marital affair is

absolutely false and that the petitioner is also ready and willing to join and cooperate with the investigation.

Notice of motion.

Mr. Rohit Bansal, Sr. DAG, Punjab, accepts notice on behalf of the respondent-State and prays for time to argue the matter. Adjourned to 22.08.2024.

In the meanwhile subject to the petitioner's joining investigation as and when called by the investigating agency as also abiding by the other conditions provided under Section 438 (2) Cr.P.C, in the event of his arrest in FIR No.0040 dated 11.05.2024 registered under Section 498-A IPC at Police Station Qila Lal Singh, District Batala, he shall be released on ad interim anticipatory bail to the satisfaction of the Arresting Officer."

3.

Compliance report by way of affidavit of Sh. Surinderpal Singh, Inspector, SHO Police Station Qila Lal Singh, Police District Batala filed in the Court today. The same be taken on record. A copy thereof has been supplied to learned counsel for the petitioner. Learned State counsel, on instructions from ASI Sukhdev Singh, has stated that pursuant to the order dated 07.06.2024, the petitioner has joined investigation and is no longer required for custodial interrogation. 4.

In view of above, the present petition stands allowed and the interim order dated 07.06.2024 passed by this Court is made absolute, subject to the conditions as enumerated under Section 438(2) Cr.P.C. 5.

This order should not be treated as "blanket" order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6.

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition

stipulated under Section 438(2) Cr.P.C., 1973 or upon showing any other sufficient cause.

7.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE 05.09.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No