Crl. Misc. No. M-7507 of 2017 [ 1 ]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Crl. Misc. No. M-7507 of 2017
Date of Decision : January 22, 2018
Tagore Singh …………………………………………………….Petitioner
State of Punjab and another …………………………… Respondents
CORAM : HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Sukhdeep Singh Sidhu, Advocate
for the petitioner.
Ms. Monika Jalota, DAG, Punjab.
Mr. Rahul Rampal, Advocate
for respondent No.2.
LISA GILL, J. (Oral)
The petitioner seeks the concession of anticipatory bail in
FIR No. 46 dated 22.09.2016 under Section 498-A IPC and Section 406 IPC
added later on, registered at Police Station Women, District Bathinda.
It is submitted that the FIR in question has been registered due
to temperamental differences between the petitioner and the complainant.
There was no demand of dowry by the complainant neither was there any
physical or mental harassment to the complainant. The car in question has
been recovered. Other articles belonging to the complainant have also been
handed over. Moreover, without prejudice to his rights, the petitioner to
show his bona fides, is ready and willing to deposit a sum of `3 lakhs by
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Crl. Misc. No. M-7507 of 2017 [ 2 ]
way of a FDR in favour of the minor child which should however not be
encashed before the child attains majority. It is thus, prayed, that this
petition be allowed.
It is noticed that this matter was placed before the Mediation
Conciliation Centre of this Court. Effort was made to enable the parties to
resolve their dispute in an amicable manner but the exercise has not been
fruitful. Petitioner and respondent No.2 are present in Court. It appears that
an amicable resolution of the dispute between them is not possible at this
Learned counsel for the State, on instructions from ASI Nirmal
Singh, verifies that the petitioner has joined investigation. The car in
question has been recovered though it is submitted that certain articles are
yet to be recovered. The petitioner is not reported to be involved in any
other criminal case.
There is no allegation that the petitioner is likely to abscond or
that he is likely to dissuade the witnesses from deposing true facts before
the learned trial Court, if released on bail.
Keeping in view the facts and circumstances of the case but
without expressing any opinion on the merits of the case, it is considered
just and expedient to allow this petition. Consequently, order dated
06.03.2017 is made absolute subject to the petitioner depositing a sum of
`03 lakhs within one month from receipt of certified copy of this order
before the learned trial Court/Area Magistrate by way of a FDR in favour of
the minor child which shall not be encashed till the child attains majority .
The said deposit shall be without prejudice to the rights of the petitioner in
any litigation between the parties.
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Crl. Misc. No. M-7507 of 2017 [ 3 ]
None of the observations made here-in-above shall be
construed to be a reflection on merits of the case and shall have no bearing
( LISA GILL )
Note: Whether speaking/reasoned Yes / No
Whether Reportable: Yes / No
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