High Court of Punjab and HaryanaCRM-M/38501/2021allowed

Balihar Singh v. State Of Punjab

2021-11-29Mr. Justice Harnaresh Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-38501-2021 (O&M) Date of decision: 29.11.2021 BALIHAR SINGH

...Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present:- Mr. Jasvir Singh Dhaliwal, Advocate for the petitioner.

Mr. HS Multani, AAG Punjab.

Mr. Yashpal Thakur, Advocate for the complainant.

**** HARNARESH SINGH GILL , J.

(ORAL) Case is taken up for hearing through video conferencing. Through this petition, the petitioner seeks anticipatory bail in case bearing FIR No.197 dated 12.08.2021, registered under Sections 420, 406 IPC, at Police Station Lehra, District Sangrur, Punjab. Vide order dated 16.09.2021, passed by this Court, ad interim anticipatory bail was granted to the petitioner and he was directed to pay the balance amount of Rs.2,05,000/- to the complainant. Learned counsel for the petitioner submits that in compliance of the aforesaid order, the petitioner has joined the investigation and also paid the balance amount to the complainant. Learned counsel for the complainant has not disputed the aforesaid factual position.

Learned State counsel, on instructions from ASI Sat Parkash, submits that the petitioner has joined the investigation and is not required for any further investigation.

AMAN JAIN 2021.11.29 18:09 I attest to the accuracy and integrity of this document

CRM-M-38501-2021 (O&M) -2It is a case in which the petitioner is a Lambardar and his wife is the Sarpanch of the Village. The petitioner had to pay Rs.2,40,000/- to the complainant, which was kept in safe custody with him and his wife, as per the compromise arrived at between the parties, in pursuance of the divorce petition filed under Section 13-B of the Hindu Marriage Act. The said amount has been paid by the petitioner to the complainant.

In view of the above, without commenting on the merits of the case, the present petition is allowed and the order dated 16.09.2021 granting interim bail to the petitioner, is made absolute, subject to the conditions laid down in Section 438 (2) Cr.P.C. However, it is made clear that this order shall not have any effect on the decision to be taken by the trial Court. 29.11.2021 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No AMAN JAIN 2021.11.29 18:09 I attest to the accuracy and integrity of this document