IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M No.31194 of 2019
Date of decision: 20th August, 2019

Bhupinder Singh another
… Petitioners
Versus
State of Punjab another
… Respondents

CORAM: HON’BLE MR. JUSTICE FATEH DEEP SINGH

Present: Mr. Vinod K. Kataria, Advocate for the petitioners.
Mr. Sandeep Kumar, Dy. Advocate General, Punjab
for respondent No.1/State.
Mr. Paramjit Batta, Advocate for respondent No.2.

FATEH DEEP SINGH, J.

The accused petitioners Bhupinder Singh and his wife

Sukhjeet Kaur, who happen to be the parents of accused non-applicant

Dr.Ranbir Singh, have sought anticipatory bail under Section 438 Cr.P.C.

in case bearing FIR No.22 dated 01.06.2019 got registered under Sections

498A, Section406 and Section120B IPC pertaining to Police Station NRI Mohali lodged

at the behest of Jasmeet Kaur wife of Dr.Ranbir Singh through her father

Harbans Singh. The allegations, in brief, are to the effect that marriage

between the couple took place in India on 27.11.2010, wherein costly

items like gold etc. were given as Istridhan and handed over to the

accused which is detailed in the list annexed with the petition. Thereafter

the wife, who was residing in United States of America, sponsored the

husband accused non-applicant Dr.Ranbir Singh, who too joined his wife

in USA. The couple has been bestowed with a girl child, however, during

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the course of matrimonial life, a dispute arose between the couple. The

wife through her father filed a complaint alleging hostile and abnormal

behaviour of the husband and who without any rhyme or reason,

misbehaved with the wife and also raised demand of a luxury car and

cash amounting to `20/30 lacs. The husband is alleged to have physically

assaulted the wife on a number of occasions and also raised a demand

that the plot in the name of mother of the wife be given to him. The

complainant has alleged that her articles of Istridhan which were in

possession of the accused including the present petitioners, have been

usurped and they have refused to return back the same.

Learned counsel for the petitioners Mr. Vinod Kumar

Kataria, Advocate has advanced lengthy arguments claiming that the

couple was residing in USA and had initiated against each other litigation

there including one for divorce in the Court at Indiana and it is after one

year of the same, the present case has been got registered as a counter-

blast, an arm-twisting tactic. It is contended by learned counsel for the

petitioners that they are aged persons and that they have joined the

investigations and therefore, the relief prayed for deserves to be granted

to them. Learned counsel has also placed on record copy of the orders of

the Hon’ble Supreme Court of India in case bearing Petition for Special

Leave to Appeal (Crl.) No.6845/2019 dated 09.08.2019.

Learned State counsel Mr. Sandeep Kumar, Dy. Advocate

General, Punjab on instructions from SI Balbir Singh, Police Station NRI

Cell, Mohali assisted by Mr.Paramjit Batta, learned counsel representing

respondent No.2 have taken the stand in opposing the relief prayed for by

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the petitioners, firstly on the ground that though the petitioners have

appeared before the investigating officer but have not fully cooperated

and have even declined to hand over the articles of Istridhan and thus,

their custodial interrogation is very much essential. Secondly, it is

submitted by learned State counsel that the articles of Istridhan are vital

piece of evidence which will throw light to establish the culpability of the

accused in this crime and thus prayed for dismissal of the same.

In the light of arguments of the two sides and the fact that a

categoric stand has been taken by the State that the petitioners have not

fully cooperated with the investigating agency and have even refused to

hand over the articles of Istridhan, are matters of much significance. As is

there in the allegations, prima-facie there are clear-cut details of the

articles of Istridhan including gold jewellery, belonging to Jasmeet Kaur,

the household goods including refrigerator and furniture etc. which were

given at the time of wedding and form her Istridhan, which remain in the

custody of the petitioners till date. Non-handing over these articles stifles

fair investigations and trial. Thus, in the light of the same, custodial

interrogation of the petitioners is very much essential. The mere premise

that the petitioners are aged persons, is no extenuating circumstance in

the light of these allegations. Finding no merit, the present petition stands

dismissed.

(FATEH DEEP SINGH)
JUDGE
August 20, 2019
rps
Whether speaking/reasoned Yes/No
Whether reportable Yes/No

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