Mohar Singh And Others v. State Of Punjab And Others

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-43547-2021 (O&M) Date of Decision:- 8.2.2022 Mohar Singh and others .... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Anantdeep Singh Sandhu, Advocate, for the petitioners. Mr. Anmol S. Sandhu, AAG, Punjab, assisted by ASI balwinder Singh.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners have approached this Court seeking grant of anticipatory bail in respect of a case registered against them vide FIR No. 255 dated 18.6.2021 at Police Station Kotwali, Patiala, District Patiala under Section 306 of Indian Penal Code. 2.

At the time of issuance of notice of motion, the following order was passed by this Court on 14.10.2021:

"The petitioners have approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR

- 2 - CRM-M-43547-2021 (O&M) No.255 dated 18.6.2021 at Police Station Kotwali, Patiala, District Patiala under Section 306 of Indian Penal Code. The FIR was lodged at the instance of Sikander Singh, wherein it has been alleged that his father Manohar Singh committed suicide having been harassed by complainant's wife Daljit Kaur and other members of her family. Learned counsel for the petitioners submits that a false FIR has been lodged against the petitioners and that infact now with the intervention of respectables all the misunderstandings have been cleared and the matter has been compromised.

It has been submitted that while petitioner No.1Mohar Singh is father of Daljit Kaur, wife of complainant; petitioner No.2-Raj Kaur is mother of Daljit Kaur; petitioner No.3-Gurpreet Singh is brother of Daljit Kaur and petitioner No.4-Daljit Kaur herself i.e. wife of the complainant. It has further been submitted that identical matters are fixed for 8.2.2022, wherein interim bail has been granted. Notice of motion for 8.2.2022.

At this stage, Mr. L.S. Lakhanpal, Advocate has put in appearance on behalf of respondents No.2 and 3 and has filed Vakalatnama, which is taken on record.

Meanwhile, in the event of arrest, the petitioners be released on interim bail subject to their furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioners shall join investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C. "

- 3 - CRM-M-43547-2021 (O&M) 3.

Learned State counsel, upon instructions from ASI Balwinder Singh has informed that the petitioners pursuant to interim directions have joined investigation and are not required for any custodial interrogation and that they are not involved in any other case. 4.

Having regard to the aforestated position wherein the petitioners have joined investigation and are not required for any custodial interrogation and not even wanted in any other case, the petition is accepted and interim directions issued by this Court vide order dated 14.10.2021 are hereby made absolute subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 08.2.2022 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No