In The High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-9193-2019 (OM)
Date of Decision:- 2.9.2019
Baljinder Kaur … Petitioner
Versus
State of Punjab and another … Respondents
CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Kawaljyot Singh, Advocate, for the petitioner.
Ms. Rashmi Attri, AAG, Punjab,
assisted by ASI Sanjeevan Singh.
*****
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner has approached this Court seeking grant of
anticipatory bail in respect of FIR No. 223, dated 16.12.2018,
registered at Police Station Shahkot, District Jalandhar, under
Sections 406 and Section498A IPC.
2. The FIR was registered at the instance of Sarabjit Kaur wherein it has
been alleged that she was married to Kulvir Singh on 11.3.2013 and
that an amount of `5 lacs was spent on the marriage. It is alleged that
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large number of gifts and gold ornaments were given at the time of
marriage to Kulvir Singh and other members of his family including
the petitioner who is mother-in-law of the complainant. It is further
alleged that the accused were however, not happy with the dowry and
used to harass the petitioner in order to press upon their demands of
dowry and also used to give beatings and ultimately threw out the
complainant from her matrimonial home while retaining her
istridhan.
3. Learned counsel for the petitioner has submitted that she has falsely
been implicated in the present case and that the entire allegations
pertaining to demand of dowry and misappropriation of dowry are
false and frivolous and is a cooked up story.
4. Opposing the petitioner, learned State counsel has submitted that
since the petitioner is specifically named in the FIR, no case for grant
of bail is made out. It has however, been informed that the petitioner
has since joined investigation.
5. Having regard to the facts and circumstances of the case and while
bearing in mind that the matter has apparently arisen out of
matrimonial discord and also that the petitioner is a lady aged 57
years and has already joined investigation, in my opinion it is not a
case warranting custodial interrogation. The petition, as such, is
accepted and interim directions issued vide order dated 12.3.2019 are
made absolute subject to the condition that the petitioner shall appear
and join the investigation as and when called upon to do so and
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cooperate with the Investigating Officer and shall abide by the
conditions as provided under Section 438 (2) Cr.P.C.
6. The present petition stands accepted accordingly.
September 2, 2019 (GURVINDER SINGH GILL)
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
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