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Sarabjit Singh @ Sabhi vs State Of Punjab on 20 December, 2017

CRM No.M-23357 of 2017 and a connected case.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

1. Criminal Misc. No.M- 23357 of 2017(OM)
Date of Decision: December 20 , 2017.

Sarabjit Singh @ Sabhi …… PETITIONER(s)

Versus

State of Punjab …… RESPONDENT (s)

2. Criminal Misc. No. M- 20245 of 2017(OM).

Mohinder Kaur and another …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Jagjit Singh, Advocate
for the petitioners.

Mr. Rahul Rathore, DAG, Punjab.

Mr. A.S.Khinda, Advocate
for the complainant/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.

This order shall dispose of CRM No.M-23357 of 2017 (Sarabjit

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CRM No.M-23357 of 2017 and a connected case.

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Singh @ Sabhi v. State of Punjab) and CRM No.M-20245 of 2017 (Mohinder

Kaur and another v. State of Punjab and another). Petitioner-Sarabjit Singh @

Sabhi is the husband and petitioners-Mohinder Kaur and Burh Dass are the

parents-in-law of the complainant.

Prayer in both these petitions is for grant of anticipatory bail to the

petitioners in FIR No.86 dated 01.04.2017 under Sections 498A/406 IPC,

registered at Police Station City Kapurthala, District Kapurthala

It is submitted that the matter has been amicably resolved between

the parties before the Mediation and Conciliation Centre of this Court during

the pendency of these petitions on 01.09.2017. Settlement/agreement dated

01.09.2017 is attached with the file of CRM No.M-23357 of 2017. It is

informed that the petitioner – Sarabjit Singh @ Sabhi and the complainant/

respondent No.2 have resumed matrimonial ties and are now living together

happily in their matrimonial home. It is further submitted that the petitioners

have joined investigation. Therefore, it is prayed that these petitions be allowed.

Learned counsel for the complainant/respondent No.2 submits that

his client has no objection if these petitions are allowed, subject to the

petitioners strictly adhering to the terms and conditions of the settlement.

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 before the Court, if released on bail.

Keeping in view the facts and circumstances as above but without

commenting upon or expressing any opinion on the merits of the case, both

these petitions are allowed. Consequently, order dated 01.06.2017 in CRM

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CRM No.M-23357 of 2017 and a connected case.

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No.M-20245 of 2017 is made absolute. In the event of arrest of the petitioner –

Sarabjit Singh @ Sabhi, he be released on bail to the satisfaction of the

Arresting/Investigating Officer. The petitioners shall join investigation as and

when required by the Investigating Agency and 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 petitions.

( LISA GILL )
December 20 , 2017. JUDGE
‘om’

Whether speaking/reasoned: Yes/No

Whether reportable: Yes/No

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