High Court of Punjab and HaryanaCRM-M/63108/2023allowed

Paras Parkash v. State Of Haryana

2024-02-08Mrs. Justice Manisha Batra2 pages

CRM-M-63108-2023 (O&M) 2024:PHHC:017856

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-63108-2023 (O&M) Date of Decision: 08.02.2024 PARAS PARKASH ....Petitioner

VERSUS

STATE OF HARYANA ....Respondent CORAM : HON'BLE MRS. JUSTICE MANISHA BATRA

Present:

Mr. Kanwaljit Singh, Advocate with Mr. Suvir Kumar, Advocate for the petitioner. Mr. Neeraj Poswal, AAG, Haryana.

Mr. M.K. Mittal, Advocate for the complainant. MANISHA BATRA, J. (Oral) 1.

Through the instant petition under Section 438 of Code of Criminal Procedure, 1973, the petitioner seeks pre-arrest bail in case FIR No. 0093 dated 28.10.2023 registered under Sections 323, 406, 498-A of Indian Penal Code, 1860, at Women Police Station, Panchkula, District Panchkula (Annexure P-1). 2.

Vide order dated 15.12.2023 passed by this Court, the petitioner was released on interim bail and was directed to join investigation. 3.

Learned State counsel has submitted that though the petitioner has joined the investigation, but some dowry articles could not be recovered at the instance of the petitioner and the petitioner is not cooperating with the investigating agency to that extent. However, he has not submitted as to in what Deepak Patwal 2024.02.13 11:37 I attest to the accuracy and integrity of this document chandigarh

CRM-M-63108-2023 (O&M) 2024:PHHC:017856 manner, the cooperation had not been extended by the petitioner. Mere non recovery of some disputed dowry articles cannot by itself be a ground for denial of bail as has also been observed by the Delhi High Court in case titled as 'Jagdish Thakkar vs. State of Delhi', 1992 (3) CCR 2764' and in case titled as 'Pooran Singh vs. State of Delhi', 2022(1) RCR (Criminal) 503. 4.

In view of the said facts, without commenting on the merits of the case, the present petition is allowed and the order dated 15.12.2023 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure. ( MANISHA BATRA ) 08.02.2024 JUDGE Deepak Patwal NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Deepak Patwal 2024.02.13 11:37 I attest to the accuracy and integrity of this document chandigarh