Balwinder Singh And Another v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-63407-2023 Date of Decision : 21.02.2024 Balwinder Singh and another

...Petitioners



 

  








 
BEFORE: HON'BLE MS. JUSTICE NIDHI GUPTA

Present:

Mr. Lalit Singla, Advocate for the petitioners. Ms. Aakanksha Gupta, AAG, Punjab.

*** NIDHI GUPTA, J. (ORAL) Prayer in the present first petition is for grant of anticipatory bail to the petitioners in case FIR No.0292 dated 22.11.2023 registered under Sections 365,323,406, 498-A, 506 IPC at Police Station Patran, District Patiala. On 16.12.2023, a Coordinate Bench of this Court had passed the following order:- "This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioners in FIR No.0292 dated 22.11.2023 under Sections 365, 323, 406, 498-A, 506 of the Indian Penal Code, 1860 registered at Police Station Patran, District Patiala.

Learned counsel for the petitioners would contend that the dispute between the parties was over the custody of the minor child, whose custody has since been handed over to respondent No.2. Learned counsel would further contend that there are no istridhan articles lying with the petitioners, however, in case respondent No.2 provides any list of the articles the petitioners are willing to compensate respondent No.2 with an amount equivalent to the value of the said articles. It is further the contention that the injuries received by respondent No.2 are all simple in nature. Learned counsel has further stated that the petitioners are willing to settle the matter.

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  Notice of motion.

On the asking of the Court, Mr. Adhiraj Singh Thind, AAG Punjab accepts notice on behalf of the respondent-State. Let notice be issued to respondent No.2, returnable 21.02.2024. Meanwhile, the petitioners are directed to join investigation as and when called for. In the event of arrest, the petitioners shall be admitted to interim bail on furnishing adequate surety and personal bonds to the satisfaction of the Arresting Officer. The petitioners shall also abide by all the terms and conditions as specified in Section 438(2) of the Code of Criminal Procedure, 1973.

On the next date of hearing, the petitioners shall bring a demand draft of Rs.30,000/- in the name of respondent No.2 towards litigation expenses".

Learned State counsel, on instructions from ASI Jagtar Singh, P.S. Patran, Patiala, submits that the petitioners have joined investigation and is cooperating.

In view of the above, the order dated 16.12.2023 granting interim bail to the petitioners is made absolute. However, the petitioners shall abide by following conditions:- i) They shall join the investigation as and when required by the Investigating Officer.

ii) They shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the Investigating Officer/Court; and iii) They shall not leave the limits of this country without prior permission of the Court.

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 In case at any given point of time hereinafter, it is felt by the investigating agency that the petitioners are required for the investigation but is not cooperating, they will be at liberty to approach this Court for passing appropriate orders.

(NIDHI GUPTA) February 21, 2024 JUDGE ps Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No