IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Date of decision: 27.2.2019
State of Punjab and another
CORAM: HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI
Present: Ms. Simmy, Advocate, for
Mr. Narinder S. Lucky, Advocate,
for the petitioner.
Mr. Ramdeep Partap Singh, DAG, Punjab.
RAJ SHEKHAR ATTRI, J.
The present petition has been filed under Section 438 Code of
Criminal Procedure for grant of anticipatory bail to the petitioner in case
FIR No.345 dated 26.9.2017 registered for the offences punishable under
Sections 406, 498A, 506 of Indian Penal Code, at Police Station Phillaur,
District Jalandhar (Rural).
Counsel for the petitioner submits that a compromise has been
effected between the parties and a quashing petition on the basis of
compromise bearing CRM-M-5222-2019 has also been filed which is
pending consideration. Even a petition under Section 13-B of the Hindu
Marriage Act has also been filed.
Learned State counsel on instructions from HC Harjit Singh
states that the petitioner has joined the investigation and is not more
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required for custodial interrogation.
Without expressing any opinion on the merits of the case, this
petition is allowed and the order dated 2.11.2018 is made absolute till the
presentation of challan, subject to the following terms:-
(i) that the petitioner shall make himself available for
interrogation as and when required by the police;
(ii) that the petitioner shall not, directly or indirectly,
make any inducement, threat or promise to any person
acquainted with the facts of the accusation against him so
as to dissuade him from disclosing such facts to the
Court or to any police officer;
(iii) that the petitioner shall not leave India without the
prior permission of the trial Court.
(iv) that the petitioner will seek regular bail on the
presentation of challan in Court.
(RAJ SHEKHAR ATTRI)
February 27, 2019 JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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