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2012 DIGILAW 1849 (PNJ)

Rakesh Kumar Saraswat v. State of Punjab

2012-12-18

VIJENDER SINGH MALIK

body2012
JUDGMENT Mr. Vijender Singh Malik, J.: - Crl. Misc. No.76324 of 2012 Miscellaneous application is allowed. Document Annexure A-1 is taken on record and the respondent is granted exemption from filing certified copy thereof. Crl. Misc. No. M- 27061 of 2012 1. Rakesh Kumar Saraswat and Suman Lata, the petitioners have sought pre-arrest bail in a case registered by way of FIR No.58 dated 08.03..2012 at Police Station City Ferozepur, District Ferozepur, for an offence punishable under section 406 IPC. 2. Learned counsel for the petitioners has submitted that Ranjana Saraswat, the complainant was married with Sandeep Kumar, son of the petitioners on 27.06.2010. According to him, the relations between the two were not cordial as the complainant was not happy with the marriage. According to him, Ranjana Saraswat had illicit relations with some person and on account of that relationship she compelled Sandeep Saraswat to stay away from his parents. According to him, in conspiracy with her paramour , she murdered Sandeep Saraswat at Lucknow where he was in service. 3. Learned counsel for the petitioners has further submitted that while shifting to Lucknow, all dowry articles of the complainant were taken to Lucknow. According to him, the complainant had a joint locker with Suman Lata, petitioner no.2 and while operating the said locker, the complainant had taken away all the valuable therefrom and nothing was found by Suman Lata in the same. He has further submitted that the petitioners have joined the investigation. 4. Learned State counsel, on the other hand, has admitted that the petitioners have joined the investigation. According to him, the dowry articles including valuables are yet to be recovered. 5. Learned counsel for the complainant, on the other hand, has submitted that the dowry articles were entrusted to the petitioners and they have not been returned. He has further submitted that the petitioners had falsely accused the complainant of murdering their son. He has further submitted that vide Annexure A-1, the locker has been lastly operated by Suman Lata on 27.08.2011 and thereafter it was found to be empty. 6. First of all it has to be taken note of that the complainant was married with Sandeep Kumar, who has died at Lucknow. Case for his murder was tried against the complainant and another person, who were ultimately acquitted of the charge. 6. First of all it has to be taken note of that the complainant was married with Sandeep Kumar, who has died at Lucknow. Case for his murder was tried against the complainant and another person, who were ultimately acquitted of the charge. The household goods forming part of dowry are claimed to have been taken to Lucknow and this submission cannot be said to be prima-facie untrue. The locker was in joint name of the complainant and petitioner no.2. Before the locker was opened by petitioner no.2, it was operated by Ranjana Saraswat, the complainant on 17.7.2010 and 08.11.2010 and it is for the trial court to find out if she had taken away her ornaments from the same on those days. 7. In view of the aforesaid background, the fact that the petitioners have joined the investigation makes me feel that the petitioners deserve pre-arrest bail. Consequently, the petition is allowed. The order dated 04.09.2012 granting interim anticipatory bail to the petitioners is made absolute.