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Sanjeev Kumar Mittal vs State Of Punjab on 16 January, 2018

Crl. Misc. No. M-20610 of 2017 -1-

In the High Court of Punjab and Haryana at Chandigarh

Crl. Misc. No. M-20610 of 2017
Date of Decision: 16.1.2018

Sanjeev Kumar Mittal ……Petitioner

Versus

State of Punjab and another …..Respondents

CORAM: HON’BLE MRS. JUSTICE ANITA CHAUDHRY

Present: Petitioner in person along with
Mr. S.K.Garg Narwana, Senior Advocate with
Mr. Naveen Gupta, Advocate.

Mr. Rajbirinder S. Chahal, Addl. A.G., Punjab

Respondent No. 2 along with
Mr. Yogesh Goel, Advocate.

****

ANITA CHAUDHRY, J (ORAL)

Through the instant petition, the petitioner is seeking

anticipatory bail in case FIR No. 57 dated 4.5.2017, registered under

Sections 354 IPC and Section 8 of POCSO Act, Police Station Division

No. 8, Ludhiana.

The Assistant Commissioner of Police (West), Ludhiana has

filed his affidavit. Along with the affidavit, there are the statements given

by daughters of the petitioner recorded by the police when they were joined

for investigation. The daughters had given hand written statements.

The petitioner had been directed to join the investigation. He

had also been asked to deposit the litigation expenses and those were

deposited. The parties were referred for mediation. Both the parties along

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Crl. Misc. No. M-20610 of 2017 -2-

with their daughters are present in the Court. While deliberations were

going on, the daughters were asked to go outside the Court.

The record shows that the wife had lodged a complaint against

her husband alleging that he had molested his daughters. The FIR had been

cancelled. The report had been submitted before the Court which was not

accepted and it has been sent back for further investigation. Custodial

interrogation of the petitioner is not necessary.

Looking to the circumstances, but without commenting on the

merits of the case, the petition is allowed and order dated 2.6.2017 granting

interim bail to the petitioner is made absolute subject to the conditions laid

down in Section 438 Sub Section 2 Clauses (i)(ii) and (iii) of the Code of

Criminal Procedure.

(ANITA CHAUDHRY)
JUDGE
January 16, 2018
Gurpreet

Whether speaking/reasoned : Yes
Whether reportable : No

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