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Desh Raj vs State Of Punjab on 13 January, 2020

CRM-M No.30855, 30894 and 33356 of 2019 1

207
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Date of Decision: 13.01.2020

1.CRM-M No.30855 of 2019

Desh Raj ……Petitioner

Vs

State of Punjab …..Respondent

2.CRM-M No.30894 of 2019

Amarjit Kaur ……Petitioner

Vs

State of Punjab …..Respondent

3.CRM-M No.33356 of 2019

Karnail Kaur ……Petitioner

Vs

State of Punjab …..Respondent

CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Mr. S.S. Gill, Advocate
for the petitioner(s).

Mr. Ramandeep Sandhu, Sr. DAG, Punjab.

Mr. I.B. Bhandari, Advocate
for the complainant.

****

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CRM-M No.30855, 30894 and 33356 of 2019 2

RAJ MOHAN SINGH, J.(Oral)

Vide this common order, CRM-M No.30855 of 2019

titled Desh Raj Vs. State of Punjab, CRM-M No.30894 of 2019

titled Amarjit Kaur Vs. State of Punjab and CRM-M No.33356 of

2019 titled Karnail Kaur Vs. State of Punjab are being disposed

of.

Prayer is for grant of anticipatory bail in case bearing

FIR No.99 dated 18.06.2019, registered under Sections 306, 34

IPC at Police Station Sadar Nabha, District Patiala.

On 27.08.2019, following order was passed by the Co-

ordinate Bench:-

“Notice of motion (in CRM-M-33356-2019).

Power of Attorney filed on behalf of the
complainant (in CRMM-30855 and 30894 of 2019) is
taken on record.

Prayer in these petitions is for grant of
anticipatory bail to the petitioners in case F.I.R. No.99
dated 18.06.2019 under Sections 306, 34 of the Indian
Penal Code, registered at Police Station Sadar Nabha,
District Patiala.

Learned counsel representing the petitioner(s)
contended that petitioner–Karnail Kaur is wife of
deceased Sukhchain Singh. The matter relates to the
matrimonial dispute and discord between spouses and
on that account, divorce petition was filed by petitioner

–Karnail Kaur on 03.10.2018. Relations were so

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CRM-M No.30855, 30894 and 33356 of 2019 3

strained that subsequently, Calandra was filed on
31.05.2019 for having caused injuries to petitioner-
Karnail Kaur and at the time of arrest, petitioner-Karnail
Kaur and other petitioners Desh Raj and Amarjit Kaur
were living separately and not in the house of the
deceased and Karnail Kaur has been falsely implicated
in this case for having illicit relations with Desh Raj,
who is Mama of petitioner-Karnail Kaur. The petitioners
have been falsely implicated in the case and they are
ready to join the investigation.

Let the petitioners join the investigation and
would come present as and when required for the
purposes of investigation. In the event of arrest, the
petitioners shall be admitted to interim bail on their
furnishing personal bonds and surety bonds to the
satisfaction of Arresting/ Investigating Officer. The
petitioners shall also abide by the conditions as
specified under Section 438(2) Cr.P.C.

Adjourned to 31.10.2019.

Photocopy of this order be placed on the file of
other connected case.”

Desh Raj is uncle (mama) of Karnail Kaur. Amarjit Kaur

is mother-in-law of deceased Sukhchain Singh husband of

Karnail Kaur. There was a matrimonial discord between

Sukhchain Singh and Karnail Kaur and a divorce petition was

filed by Karnail Kaur under Section 13 of the Hindu Marriage

Act. In respect of occurrence dated 14.12.2018, kalandra was

issued by the police under Sections 107, 150 and 151 Cr.P.C on

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CRM-M No.30855, 30894 and 33356 of 2019 4

31.05.2019 in the context of causing injuries to Karnail Kaur.

Petitioners were not living in the house of deceased Sukhchain

Singh. Karnail Kaur has been implicated for having illicit

relations with Desh Raj.

Learned State counsel on instructions from ASI Krishan

Lal states that the petitioners have joined the investigation and

they are not required for any further investigation of the case.

In view of aforesaid position, interim order dated

27.08.2019 passed by the Co-ordinate Bench is made absolute.

However, petitioners shall keep on joining the investigation as

and when called upon to do so and they shall abide by the

conditions as envisaged under Section 438(2) Cr.P.C which are

as under:-

i) that the petitioners shall make themselves

available for interrogation before the

Investigating Officer as and when required;

ii) that the petitioners shall not, directly or

indirectly, make any inducement, threat or

promise to any person acquainted with the

facts of the case so as to dissuade him from

disclosing such facts to the Court or to any

police officer;

iii) that the petitioners shall not leave the country,

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CRM-M No.30855, 30894 and 33356 of 2019 5

without prior permission of the Court and shall

surrender their passports, if any.

These petitions are accordingly disposed of.

January 13, 2020 (RAJ MOHAN SINGH)
Prince JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No

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