Chiman Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- January 11, 2021 Chiman Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Shalender Nagpal, Advocate for the petitioner. Mr. J.S. Ghumman, DAG, Punjab.

*** The case has been taken up through Video Conferencing. This petition for pre-arrest bail has been filed by petitioner Chiman Singh, aged about 51 years, son of S.Ujjagar Singh, resident of Village ChakMojdeenwala @ Surgoodi, Tehsil Jalalabad, Distrtict Fazilka. Shortly put the prosecution story is that one Parveen Rani, a divorcee, who was in relationship with Gurdev Singh son of the present petitioner Chiman Singh, with whom she wanted to contract marriage had committed suicide since Gurdev Singh, a bachelor was not ready to contract marriage with Parveen Rani and his parents including his father Chiman Singh were also not agreeable to that. Jallo Bai, mother of Parveen Rani had lodged the F.I.R. in question alleging that suicide of Parveen Rani had been abetted by Gurdev Singh and his parents including the present petitioner.

Apprehending his arrest in this case the petitioner had approached the Court of Sessions at Fazilka seeking pre-arrest bail. His application moved in that regard was assigned to Additional Sessions Judge, Fazilka, who vide order dated 7.10.2020 dismissed the application. Feeling aggrieved, the petitioner has knocked the door of this Court praying for grant of similar relief. Notice of such petition was given to the State. When the petition came up for hearing on 16.10.2020, noticing the contention by learned counsel for the petitioner that even if the allegations in the F.I.R. are taken at their face value no abetment on part of petitioner is made out and petitioner is an old man. He was granted interim bail with a direction to join the investigation.

The State counsel on instructions from ASI Chander Shekhar has stated that petitioner has joined the investigation and his custodial interrogation is no required. In view of such statement by learned State counsel and considering the facts and circumstances of the case, I find that petition deserves to be accepted. Accordingly the same is allowed. The interim bail granted to the petitioner on 16.10.2020 is made absolute, subject to the following conditions :- (i) He shall join the investigation as and when so directed. (ii) He shall appear in the Court on each and every date of hearing.

(iii) He shall not give any threat or intimidation to the prosecution witnesses.

(iv) He shall not leave India without prior permission of the Court.

(v) He shall surrender his Passport before the Investigating Officer and if he is not having Passport then shall file the affidavit in that regard.

In case the petitioner violates any term and condition on which the bail has been granted to him, the prosecution would be entitled to apply for cancellation of bail.

The petition stands allowed accordingly.

(H.S. MADAAN) JUDGE January 11, 2021 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No