Sukhdeep Singh vs Sukhwinder Kaur on 23 May, 2017

202 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. M- No. 26736 of 2016 (OM)
Date of decision : May 23, 2017

Sukhdeep Singh …..Petitioner

Versus

Sukhwinder Kaur ….Respondent

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr.Iqbal Singh Mann, Advocate
for the petitioner.

Mr. Nikhil Bhatia, Advocate
for the respondent.

***

LISA GILL, J.

The petitioner seeks concession of anticipatory bail in

complaint case No. Compl./39/2014 dated 05.03.2014 registered under

Sections 498A, 406, 506, 323, 148, 149 IPC.

It is submitted that the petitioner has been falsely implicated in

this case. Marriage of the petitioner was solemnised with the complainant

on 21.02.2010, however, no complaint whatsoever was ever made nor any

protest raised by his wife, till the filing of the complaint on 05.03.2014.

Furthermore, the petitioner it is submitted has appeared before the learned

trial Court pursuant to interim order dated 05.08.2016 passed by this Court.

The petitioner undertakes to appear on each and every date fixed before the

learned trial Court and face trial. He is a permanent resident of Bathinda and

there is no possibility of his absconding. Therefore, this petition be

allowed.

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Criminal Misc. M- No. 26736 of 2016 (OM) -2-

Learned counsel for the respondent while opposing this

petition submits that there are serious allegations against the petitioner.

While admitting that no formal complaint or FIR was lodged against the

petitioner since the marriage on 21.02.2010, till the filing of the complaint,

it is submitted that efforts were made to solve the issue by convening

panchayat. It is, however, not denied that the petitioner has appeared before

the learned trial Court and is facing trial.

Keeping in view the facts and circumstances noted above but

without expressing any opinion on the merits of case, it is considered just

and expedient to allow this petition. Interim bail granted to the petitioner by

the learned trial Court, pursuant to order dated 05.08.2016 be made absolute

subject to the petitioner furnishing fresh bail bonds and surety to the

satisfaction of the learned trial Court. It is made clear that there is no stay of

the proceedings before the learned trial Court.

(Lisa Gill)
May 23, 2017 Judge
rts

Whether speaking/reasoned : Yes

Whether reportable : Yes/No

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