CRM No.M-5187 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No.M- 5187 of 2017(OM)
Date of Decision: October 13 , 2017.
Nachattar Singh and another …… PETITIONER (s)
Versus
State of Punjab and another …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Ashok Khunger, Advocate
for the petitioners.
Mr. Saurav Khurana, DAG, Punjab.
Mr. S.S.Sidhu, Advocate
for respondent No.2.
*****
1. Whether reporters of local papers may be allowed to see
the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
*****
LISA GILL, J.
Prayer in this petition is for grant of anticipatory bail to the
petitioners in FIR No.4 dated 24.01.2017 under Sections 498A/406 IPC
registered at Police Station Women Cell, Bathinda, District Bathinda.
It is informed that the matter, during the pendency of this petition,
has been resolved between the parties. The petitioners’ son and respondent No.2
decided to part ways and have filed a petition under Section 13B of the Hindu
Marriage Act, 1955. A part of the settled amount has been handed over to
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CRM No.M-5187 of 2017
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respondent No.2 and the matter is listed before the concerned court on
28.02.2018 for recording their statements at second motion in the said
proceedings.
Learned counsel for the State, on instructions from ASI Gurdeep
Singh, verifies that the petitioners have joined investigation.
There are no allegations on behalf of the State that the petitioners
are likely to abscond or that they are likely to dissuade the witnesses from
deposing true facts in the Court, if released on bail.
Keeping in view the facts and circumstances as above, particularly
the settlement arrived between the parties, but without commenting upon or
expressing any opinion on the merits of the case, this petition is allowed. In the
event of arrest of the petitioners, they be released on bail to the satisfaction of
Investigating Officer/Arresting Officer. The petitioners shall join investigation
as and when required by the investigating agency besides comply with the
conditions stipulated in Section 438(2) Cr.P.C.
It is clarified that none of the observations made hereinabove shall
be construed to be a reflection on the merits of the case. The same are solely
confined for the purpose of decision of the present petition.
However, liberty is afforded to respondent No.2 to move an
appropriate application, in case the terms and conditions of settlement between
the parties are not adhered to by the petitioners and their son.
( LISA GILL )
October 13 , 2017. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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