High Court of Punjab and HaryanaCRM-M/30653/2019allowed

Dhian Singh v. State Of Punjab

2019-10-29Mr. Justice Hari Pal Verma2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No.M-30653 of 2019 Date of Decision: 29.10.2019 Dhian Singh

...Petitioner(s)

Versus

State of Punjab

...Respondent(s)

CORAM:- HON'BLE MR. JUSTICE HARI PAL VERMA Present:- Mr. Rajesh Kapila, Advocate for the petitioner.

Mr. Sukhbeer Singh, AAG, Punjab.

Mr. J.S. Mahal, Advocate for the complainant.

***** HARI PAL VERMA, J. (Oral) Prayer in the present petition filed under Section 438 of the Code of Criminal Procedure, 1973 is for grant of anticipatory bail to the petitioner in case FIR No.66 dated 22.06.2019 under Sections 498-A, 406 IPC registered at Police Station Sadar Gurdaspur, District Gurdaspur. Learned counsel for the petitioner states that the petitioner has joined the investigation.

Learned State counsel, on instructions from ASI Kuldip Singh, does not dispute the fact that the petitioner has joined the investigation. ASHWANI KUMAR 2019.10.30 10:13 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-30653 of 2019 -2However, he submits that recovery of 15 grams of gold jewellery is yet to be made.

I have heard learned counsel for the parties. Admittedly, the petitioner has joined the investigation. Moreover, in the petition filed by the husband of the complainant i.e. CRM-M-36290-2019, the mediation proceedings are going on before this Court.

In view of law laid down by Hon'ble Supreme Court in the case of Rajesh Sharma and others Versus State of U.P. and another 2017(3) RCR (Criminal) 836, wherein it has held that recovery of disputed dowry items may not by itself be a ground for denial of bail, the present petition is allowed and the interim order dated 22.07.2019 is made absolute.

However, the petitioner shall join the investigation as and when directed by the investigating agency and shall abide by the terms and conditions laid down under Section 438(2) Cr.P.C. October 29, 2019 ( HARI PAL VERMA ) AK JUDGE Whether speaking / reasoned?

Yes / No Whether reportable?

Yes / No ASHWANI KUMAR 2019.10.30 10:13 I attest to the accuracy and integrity of this document