Gurdev Singh And Another v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No.M-35212 of 2019 Date of Decision: 24.10.2019 Gurdev Singh & another

...Petitioner(s)

Versus

State of Punjab

...Respondent(s)

CORAM:- HON'BLE MR. JUSTICE HARI PAL VERMA Present:- Mr. Sanjiv Kumar Sharma, Advocate for Mr. S.K. Bokolia, Advocate for the petitioners.

Mr. Saurav Khurana, DAG, Punjab.

***** 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 petitioners in case FIR No.47 dated 04.07.2019 under Sections 498-A, 406 IPC registered at Police Station Sekhwan, District Batala. Learned counsel for the petitioners states that pursuant to order dated 28.08.2019 of this Court, the petitioners have joined investigation.

Learned State counsel, on instructions from ASI Barjinder Singh, does not dispute the aforesaid fact. However, he submits that the recovery gold articles is yet to be recovered. ASHWANI KUMAR 2019.10.24 18:50 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-35212 of 2019 -2I have heard learned counsel for the parties. Admittedly, the petitioners have joined the investigation, though recovery of gold articles is yet to be effected from them, which is probability a debatable issue and the same may not be an impediment for grant of anticipatory bail to the petitioners. Reference may be made to judgment of Apex Court in the case of Rajesh Sharma and others Versus State of U.P. and another 2017(3) RCR (Criminal) 836, wherein it has been held that recovery of disputed dowry items may not by itself be a ground for denial of bail, if maintenance or other rights of the wife/minor children can otherwise be protected. Similar view has also been taken by Hon'ble Supreme Court in Social Action Forum for Manav Adhikar and another Versus Union of India, Ministry of Law and Justice and others 2018 (4) R.C.R. (Criminal) 226.

In view of above, the present petition is allowed and the interim order dated 28.08.2019 is made absolute. However, the petitioners 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 24, 2019 ( HARI PAL VERMA ) AK JUDGE Whether speaking / reasoned?

Yes / No Whether reportable?

Yes / No ASHWANI KUMAR 2019.10.24 18:50 I attest to the accuracy and integrity of this document