Inder Singh And ORS v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 19.01.2023 Inder Singh and others ......... Petitioners

Versus

State of Haryana ......... Respondent CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr.Gaurav Tyagi, Advocate for the petitioners.

Ms. Dimple Jain, AAG, Haryana.

**** JAGMOHAN BANSAL , J. (Oral) Reply dated 18.01.2023 by way of affidavit of Gaurav Fogat, HPS, Deputy Superintendent of Police Karnal-II, District Karnal, is taken on record. Registry is directed to tag the same at appropriate place. On 12.10.2022, the following order was passed :- "Learned counsel for the petitioners inter alia submits that the petitioners have been falsely implicated in this case on account of matrimonial discord between the complainant and her husband who is petitioners No.1 and 2's son and petitioners No.3 to 5's brother; the petitioners have no other criminal antecedents; the allegations of demand of dowry and beatings are false and unsubstantiated; in any case, the petitioners are ready and willing to return all the admitted dowry articles/Istri Dhan; the complainant and her husband were living separately from the petitioners (in this regard the attention of this Court is drawn to the

-2Aadhar Card and Ration Card of the complainant's husband) and that the petitioners are also ready and willing to join and cooperate with the investigation.

Notice of motion.

Mr.Karan Sharma, DAG, Haryana, accepts notice on behalf of the respondent and prays for time to argue the matter.

Adjourned to 19.01.2023.

In the meanwhile, subject to the petitioners' joining investigation as and when called by the investigating agency as also abiding by the other conditions provided under Section 438(2) Cr.P.C, in the event of their arrest in FIR No.348 dated 12.09.2022 registered under Sections 323, 406, 498-A, 506 and 34 IPC at Police Station Nissing, District Karnal, they shall be released on ad interim anticipatory bail to the satisfaction of the Arresting Officer."

Learned counsel for the petitioners submits that the petitioners have joined the investigation.

Learned State counsel on instructions from ASI Satish Kumar submits that petitioners have joined investigation and no custodial interrogation is required.

In view of the above, the petition is allowed and the interim bail granted to the petitioners vide order dated 12.10.2022 is made absolute subject to the conditions envisaged under Section 438(2) of Cr.P.C. If the petitioners or their family members/associates make any attempt to threat/intimidate the witnesses in the present case, the State would be at liberty to move an application for cancellation of bail granted

-3by this order.

Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and trial Court shall proceed without being prejudiced by observations of this Court. ( JAGMOHAN BANSAL ) JUDGE 19.01.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No