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Mahender Singh vs State Of Haryana on 2 May, 2018


Criminal Misc. No. M- 41892 of 2016 (OM)
Date of decision : May 02, 2018

Mahender Singh …..Petitioner
State of Haryana and another ….Respondents
Present: Mr. Keshav Pratap Singh, Advocate for the petitioner.

Mr. Ramesh Kumar Ambavta, AAG, Haryana.

Respondent No. 2 in person.

Prayer in this petition is for grant of anticipatory bail to the

petitioner in FIR No. 856 dated 14.10.2016 under Sections 323, 406, 494,

498A, 506 IPC registered at Police Station Camp Palwal, District Palwal.

The petitioner and the complainant – wife have amicably

resolved the matter during the pendency of this petition. Compromise dated

12.12.2017 is attached with the file of this case. It is informed that petition

under Sections 13B of Hindu Marriage Act, 1955 has since been filed by the

petitioner and respondent No.2. Their statements at first motion have been

recorded. FDRs, as mentioned in the compromise, have been handed over to

respondent No. 2.

The petitioner undertakes that possession of the flat in question

shall be handed over to respondent No.2 by 30.08.2018 after clearing the

loan or any other encumbrances which may be there on the said flat.

Respondent No. 2, duly identified by ASI Pop Singh, is present

in Court. She submits that she has no objection, in case, this petition is

allowed, subject to the petitioner strictly adhering to the terms and

conditions of the settlement.

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Criminal Misc. No. M- 41892 of 2016 (OM) -2-

There are no allegations on behalf of the State that the

petitioner is likely to abscond or that he is likely to dissuade the

witnesses from deposing true facts in the Court, if released on bail.

Keeping in view the facts and circumstances noted above but

without expressing any opinion on the merits of case, it is considered just

and expedient to allow this petition. In the event of his arrest, petitioner

shall be released on bail to the satisfaction of Investigating Officer/

Arresting officer. He shall appear before the Investigating agency as and

when required. Petitioner shall comply with the conditions stipulated in

Section 438(2) Cr.P.C.

However, liberty is afforded to respondent No.2 to move an

appropriate application in this matter, in case, the terms and conditions of

settlement between the parties are not adhered to by the petitioner.

(Lisa Gill)
May 02, 2018 Judge
Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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