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2014 DIGILAW 1096 (PNJ)

Jaswant Singh v. State of Punjab

2014-07-22

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral) - Petitioners-Jaswant Singh son of Ajmer Singh and his wife Kuldeep Kaur (parents in-law), have preferred the instant petition for the grant of concession of anticipatory bail, in a case registered against them along with their son and main accused Rajanpreet Singh (husband) of complainant-Sumanpreet Kaur, vide FIR No. 129 dated 25.07.2013, on accusation of having committed the offences punishable under Sections 498-A & 406 IPC, by the police of Police Station City Sunam, District Sangrur. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration of the entire matter, to my mind, the present petition for anticipatory bail deserves to be accepted in this context. 4. During the course of preliminary hearing, a Co-ordinate Bench (Rekha Mittal J.) of this Court passed the following order on August 08, 2013:- “The petitioners pray for grant of bail in anticipation of arrest in FIR No. 129 dated 25.07.2013 under sections 498-A, 406 IPC, registered at Police Station City Sunam, District Sangrur. Counsel for the petitioners submits that the petitioners are the parents of Rajanpreet Singh (Rajan) with whom complainant-Sumanpreet Kaur was married on 08.02.2012. It is further submitted that another sister of the complainant was married to second son of the petitioners on 06.10.2012. It is argued that had the complainant been harassed on account of demand of dowry, family of the complainant would not have performed the marriage of the younger daughter with second son of the family of the accused. It is further submitted that the complainant has raised general and vague allegations involving all the family members of her in-laws. The last submission made by counsel is that the petitioners are ready to join investigation and to comply with the terms and conditions which may be imposed in the case. Notice of motion for 11.10.2013. It is further submitted that the complainant has raised general and vague allegations involving all the family members of her in-laws. The last submission made by counsel is that the petitioners are ready to join investigation and to comply with the terms and conditions which may be imposed in the case. Notice of motion for 11.10.2013. In the meantime, the petitioners are directed to join investigation within one week and on their appearance before the arresting/investigating officer, they shall be admitted to bail on their furnishing bail bonds to the satisfaction of the concerned officer subject to the following conditions:- i) they shall make themselves available for interrogation by a police officer as and when required; (ii) they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; and (iii) they shall not leave India without the previous permission of the Court. A copy of the order be given to counsel for the petitioners under the signatures of the Reader, attached to the Bench.” 5. At the very outset, on instructions from ASI Kuldeep Singh, learned State counsel has acknowledged the relevant factual matrix and submitted that the petitioners have already joined the investigation. They are no longer required for further interrogation, at this stage. Morevoer, all the main allegations of cruelty in connection with and on account of demand of dowry are assigned to main accused Rajanpreet Singh who was arrested, interrogated and was released on bail by the trial Court. There is no history of previous involvement of the petitioners in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. Even, after completion of the investigation, police has already filed the final police report (challan) and accused have already been chargesheeted accordingly. 6. In the light of aforesaid reasons, taking into consideration the totality of facts & circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, the instant petition for anticipatory bail is accepted. 6. In the light of aforesaid reasons, taking into consideration the totality of facts & circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, the instant petition for anticipatory bail is accepted. The interim (provisional) bail already granted to the petitioners, by virtue of indicated order by this Court, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C. 7. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case, as the same has been so recorded for a limited purpose of deciding the present petition for pre-arrest bail. At the same time, in case, the petitioners do not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of their bail, in this Court. ---------0.B.S.0------------ —————————