Crl. Misc. No. M-13819-2017 [ 1 ]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-13819-2017
Date of Decision : August 08, 2017
Kavita and another …………………………………………….. Petitioners
Verus
State of Haryana and another …………………………… Respondents
Crl. Misc. No. M-10394-2017
Keshav Verma …………………………………………………. Petitioners
Versus
State of Haryana and another …………………………. Respondents
Crl. Misc. No. M-13996-2017
Deepak ………………………………………………………….. Petitioner
Versus
State of Haryana and another ………………………. Respondents
CORAM : HON’BLE MRS. JUSTICE LISA GILL
1. Whether reporters of local papers may be allowed to see
the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
…
Present: Mr. Navjot Singh, Advocate
for the petitioners.
Mr. Sanjay K. Saini, Addl. A.G. Haryana.
Mr. N.S.Shekhawat, Advocate
for respondent No.2.
…
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Crl. Misc. No. M-13819-2017 [ 2 ]
LISA GILL, J. (Oral)
This order shall dispose of CRM-M-13819-2017, CRM-10394-
2017 as well as CRM-M-13996-2017. For the sake of convenience, facts
have been taken from CRM-M-13819-2017.
Petitioners-Kavita and Jagdish (parents-in-law of the
complainant) in CRM-M-13819-2017 seek the concession of anticipatory
bail in FIR No. 64 dated 02.02.2017 under Sections 498-A, 406, 506, 120B,
323, 376 and 34 IPC registered at Police Station Mehram, District Rohtak.
Petitioner-Keshav Verma (husband of the complainant) in
CRM-M-10394-2017 seeks the concession of bail pending trial in the above
said FIR.
Petitioner-Deepak (brother-in-law of the complainant) in
CRM-M-13996-2017 seeks the concession of anticipatory bail in the above
said FIR.
Learned counsel for the petitioners submits that vague and
general allegations have been levelled against all the petitioners. All the
family members including the married sister-in-law have been implicated in
this case. Married sister-in-law has been granted the concession of bail by
the learned trial Court.
Marriage between the complainant and petitioner-Keshav was
solemnized on 13.12.2015. A son was born out of this wedlock on
13.08.2016. It is submitted that the complainant allegedly left the
matrimonial home on 03.12.2016 as per the averments in the FIR whereas
in her statement under Section 164 Cr.P.C. she stated that she left the
matrimonial home on 04.12.2016. Reference is made to certain
conversations between the complainant and her family members including
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her mother. It is submitted that a perusal of the transcript of these
conversations reveals that she was treated in a proper and affectionate
manner in her matrimonial home. It is urged that no specific allegation has
been levelled against the parents-in-law of the complainant. The minor child
of the complainant and her husband (petitioner’s son) is being looked after
by the parents-in-law of the complainant.
In respect to the petitioner-Deepak in CRM-M-13996-2017 it is
submitted that allegations attracting the offence under Section 376 IPC are
not made out in any manner. There is no evidence medical or otherwise to
substantiate the allegations against him. Mere bald statement of the
complainant in this respect should not be relied upon in the facts and
circumstances of the case.
The petitioner-Keshav Verma in CRM-M-10394-2017 it is
submitted has been incarcerated for approximately 04 (four) months in this
case. No recovery has to be effected from him. It is, thus, prayed that these
petitions be allowed.
Learned counsel for the State and the complainant have
opposed these petitions while submitting that specific allegations have been
levelled against all the petitioners.
Heard learned counsel for the parties.
It is to be noted that efforts were made for an amicable
resolution of the entire dispute between the parties during the pendency of
these petitions. Interim bail was afforded to the petitioner-Keshav Verma by
this Court vide order dated 23.05.2017 in CRM-M-10394-2017 to explore
the possibility of an amicable solution. Interim relief was also granted to the
petitioner-Deepak (brother-in-law) on 23.05.2017 in CRM-M-13996-2017.
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It was clarified that interim relief has been granted primarily to facilitate
mediation between the parties. However, mediation between the parties
before the Mediation Conciliation Centre of this Court was not
successful. Effort was made to settle the dispute before this Court as well.
However, there were allegations and counter-allegations from each side thus
preventing any viable solution to the dispute. The petitioner-Keshav Verma
was directed to surrender at District Jail Rohtak vide order dated 28.7.2017
on 29.07.2017 at 02:00 P.M. and the matter was fixed for arguments. It is
informed that Keshav Verma has since surrendered in compliance with
order dated 28.07.2017 and is in custody.
Learned counsel for the State, on instructions from SI Ramesh
Kumar, verifies that the final report under Section 173 Cr.P.C. has been
presented against the petitioner-Keshav Verma along with co-accused
Chanda and Jai Kishan (non-applicants). No recovery is to be effected from
Keshav Verma who has admittedly suffered incarceration for about four
months. It is verified that he is not involved in any other criminal case.
In respect to the petitioners-Kavita and Jagdish in CRM-M-
13819-2017, the parents-in-law of the complainant, learned counsel for the
State, on instructions from SI Ramesh Kumar, submits that the said
petitioners joined investigation when the matter was pending before the
learned Additional Sessions Judge, Rohtak. Certain recoveries are yet to be
effected from the said parents-in-law of the complainant. Learned counsel
for the petitioner while denying that any recovery is to be effected from the
parents-in-law submits that the concession of bail cannot be denied merely
on the assertion that ‘certain recoveries’ are to be effected. He relies on the
judgment of this Court in Prit Pal Singh V. State of Punjab and another
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2014 (5) RCR (Criminal) 771 to say that non recovery of certain articles
cannot be a ground for not affording the concession of anticipatory bail to
the petitioner. Moreover it is submitted that the said petitioners undertake to
join investigation as and when required.
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.
In the facts and circumstances of the case, but without
expressing any opinion on the merits of the case CRM-M-13819-2017 is
allowed. The petitioners Kavita and Jagdish shall join investigation as and
when required. In the event of their arrest, petitioners shall be released on
bail to the satisfaction of Investigating Officer. Petitioners shall comply
with the conditions stipulated in Section 438(2) Cr.P.C.
CRM-M-10394-2017 is also allowed. The petitioner-Keshav
Verma be released on bail pending trial subject to his furnishing requisite
bail bonds and surety to the satisfaction of the learned trial Court.
In respect to the petitioner-Deepak, brother-in-law of the
complainant, I find that there are specific allegations attracting the rigours
of Section 376 IPC against him. Furthermore, learned counsel for the State
informs that the petitioner has not joined investigation at any stage. It is
reiterated that interim relief was granted primarily to facilitate mediation
between the parties which was not effected. I do not find any ground to
afford the concession of anticipatory bail to the petitioner-Deepak in the
facts and circumstances of the case. .
Accordingly, CRM-M-13996-2017 is dismissed.
It is reiterated that none of the observations made here-in-above
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shall be construed to be a reflection on merits of the case and shall have no
bearing on trial.
( LISA GILL )
08.08.2017 JUDGE
rupi
Note: Whether speaking/reasoned Yes / No
Whether Reportable: Yes / No
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