Crl. Misc. No. M-25549 of 2017 and [ 1 ]
Crl. Misc. No. M-25073 of 2017
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-25549 of 2017
Date of Decision : January 25, 2018
Gurnam Singh and others ………………………………..Petitioners
Versus
State of Punjab ……………………………………………… Respondent
Crl. Misc. No. M-25073 of 2017
Jaswinder Kaur and another ……………………………. Petitioners
Versus
State of Punjab and another …………………………… Respondents
CORAM : HON’BLE MRS. JUSTICE LISA GILL
…
Present: Mr. Gulzar Mohd., Advocate
for the petitioners in CRM-M-25549 of 2017.
Mr. Zorawar Singh Chauhan, Advocate
for the petitioners in CRM-M-25073 of 2017.
Ms. Monika Jalota, DAG, Punjab.
Mr. Parshotam Lal Singla, Advocate
for the complainant.
…
LISA GILL, J. (Oral)
This order shall dispose of CRM-M-25549 of 2017 and CRM-
M-25073 of 2017.
The petitioners in both the cases seek the concession of
anticipatory bail in FIR No. 9 dated 08.04.2017 under Sections 419, 498-A,
120-B IPC and Section 406 IPC, added later on, registered at Police Station
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NRI, Jalandhar Rural, District Jalandhar.
CRM-M-25549 of 2017 was dismissed as infructuous qua
petitioner No.4 on 27.07.2017 as it was informed by learned counsel for the
State that petitioner No.4-Maninder Singh has found innocent during
investigation. Petitioner No. 1 in CRM-M-25549 of 2017 is the brother-in-
law (Dewar) and petitioners No. 2 and 3 are the parents-in-law of the
complainant.
Petitioners Jaswinder Kaur and Sarabjit Singh, in CRM-M-
25073 of 2017, aged 60 years are the parents of a friend of the
complainant’s husband. They are alleged to have posed as parents of the
complainant at the time of her marriage.
As per the allegations in the FIR the complainant was lured by
the co-accused Sukhman Singh (husband) while sending a request on the
Facebook using the ID of the petitioner-Gurman Singh. It is averred that the
complainant being innocent of the ways of the people in India (having been
in U.S.A. since she was seven years old) was caught in the web weaved by
Sukhman Singh along with all the other accused persons. She spent
considerable money, was deceitfully allured into marriage with Sukhman
Singh. Petitioner Jaswinder Kaur and Sarabjit Singh are alleged to have
posed as parents of the complainant at the time of marriage and its
registration. It is further stated that the only intention and object of the co-
accused Sukhman Singh and the other accused was to send him to U.S.A.
and once the object was achieved the complainant has been subjected to ill-
treatment and harassment. Feeling threatened at the hands of all the accused,
the present FIR was registered.
It is vehemently argued by learned counsel for the petitioners
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that the present petitioners have nothing to do with the dispute between the
complainant and her husband. The marriage, it is alleged, was solemnized
by the complainant and Sukhman Singh out of their own free will. It is
further submitted that both the complainant as well as her husband are in
U.S.A. The complainant’s parents are also admittedly living in U.S.A. The
present petitioners it is submitted are being unnecessarily harassed due to
the matrimonial dispute between the complainant and her husband.
Moreover, all the petitioners have joined investigation. They undertake to
face the proceedings and are not involved in any other criminal case,
therefore, these petitions be allowed.
Learned counsel for the complainant vehemently opposed these
petitions while submitting that the complainant has been deceitfully allured
into marriage with Sukhman Singh. She has been subjected to ill-treatment,
harassment and specific threats. In respect to petitioners Jaswinder Kaur and
Sarabjit Singh it is stated that there is documentary evidence against them
for having appeared as parents of the complainant at the time of marriage.
Learned counsel for the State, on instructions from ASI
Harvinder Singh, informs that at the time of marriage of the complainant
with Sukhman Singh at the Gurudwara, name of the complainant’s father is
mentioned as Bhajan Singh Sandhu though in the column for signatures of
the parents, signatures of Sarabjit Singh are found present. However, there
is no material on record to show that Jaswinder Kaur and Sarabjit Singh
have signed as parents of the complainant before the Registrar at the time
of registration of the marriage. It is verified that the petitioners have joined
investigation pursuant to interim orders passed by this Court and their
custodial interrogation is not required. It is further verified that none of the
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petitioners are involved in any other criminal case.
There is no allegation that the petitioners are likely to abscond
or that they are 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 these petitions. Consequently, orders dated
27.07.2017 passed in both these petitions are made absolute.
( LISA GILL )
25.01.2018 JUDGE
rupi
Note: Whether speaking/reasoned Yes / No
Whether Reportable: Yes / No
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