203 IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. M- No. 32625 of 2016 (OM)
Date of decision : March 20, 2017
Nirpesh Mittal …..Petitioner
State of Punjab ….Respondent
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. P.S. Ahluwalia, Advocate
for the petitioner.
Mr. K.D. Sachdeva, Additional AG, Punjab.
LISA GILL, J.
Prayer in this petition is for grant of anticipatory bail to the
petitioner in FIR No. 106 dated 31.07.2016 registered under Sections
306, 34 IPC at Police Station Doraha, District Ludhiana.
It is submitted that the deceased, in this case, was living with
her parents since June 2009. Litigation was admittedly pending between the
petitioner and his wife. A petition under Section 9 of the Hindu Marriage
Act, 1955 (for short – ‘the Act’) was filed by the petitioner and a petition
under Section 13 of the Act was filed by the deceased. A petition under
Section 25 of Guardian and Wards Act for the custody of the minor was
filed by the petitioner in March, 2016. Furthermore, no allegations were
raised against the petitioner at the outset but the present FIR was registered
after a delay of 08 days. The petitioner, it is submitted, has joined
investigation pursuant to order dated 16.09.2016. No recovery is to be
effected from him. Thus, it is prayed that this petition be allowed.
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Criminal Misc. M- No. 32625 of 2016 (OM) -2-
Learned counsel for the State, on instructions from ASI
Barjinder Singh, Police Station Doraha affirms and verifies that the
petitioner has indeed joined investigation. No recovery is to be effected
from the petitioner and his custodial interrogation is not required.
The factual position regarding litigation between the parties as
well as the deceased living separately from the petitioner since June 2009 is
not in dispute. 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. Consequently, order dated 16.09.2016
is made absolute.
(Lisa Gill) March 20, 2017 Judge rts Whether speaking/reasoned : Yes Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 25-03-2017 18:10:02 :::