IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-11507-2018
Date of decision: 12.07.2018
Pawan Kumar
…Petitioner
Versus
State of Haryana
…Respondent
CORAM: HON’BLE MS. JUSTICE JAISHREE THAKUR
Present: Mr. D.K. Tuteja, Advocate
for the petitioner.
Ms. Gaganpreet Kaur, AAG, Haryana.
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JAISHREE THAKUR, J. (ORAL)
This is a petition that has been filed under Section 438 Cr.P.C.
for grant of anticipatory bail to the petitioner in case FIR No. 6 dated
02.02.2018 under Sections 498-A, 406, 506, 354, 377, 34 IPC, registered at
Women Police Station Dadri.
Ms. Pooja Arora, Advocate, has appeared and filed power of
attorney on behalf of the complainant.
This Court was pleased to pass the following order on
19.03.2018 :-
“Counsel for the petitioner contends that the
allegations made in the FIR would not constitute any
offence under Sections 406/498-A of the IPC. In fact, all
the allegations, made regarding offence under Section
377 IPC, would not borne out from the transcript of a
phone recording that took place between the husband1 of 2
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CRM-M-11507-2018 -2-and wife, Annexure P-4. It is further argued that a
reading of the said transcript would show that dispute, if
any, is regarding the insistence of the petitioner to look
after his aged parents. It is further submitted that the
petitioner is ready to join investigation as well as to
hand over the said phone recording.
Notice of motion for 12.07.2018.
Meanwhile, in the event of arrest, the petitioner be
released on interim bail subject to his furnishing
personal bonds and surety to the satisfaction of
Arresting/Investigating Officer. However, the petitioner
shall join the investigation as and when called upon to
do so and shall abide by the conditions as provided
under Section 438 (2) Cr.P.C.”
Learned counsel for the petitioner submits that the petitioner
has joined the investigation.
Learned counsel for the respondent-State confirms the factum
of joining investigation by the petitioner.
Since the petitioner has joined the investigation, the petition is
allowed and interim order dated 19.03.2018 is hereby made absolute subject
to the condition that the petitioner will not tamper with evidence or hamper
the investigation; will not leave India without permission of the Court and
will comply with the conditions contained in Section 438(2) Cr.P.C.
12.07.2018 (JAISHREE THAKUR)
Satyawan JUDGE
Whether speaking/reasoned Yes.
Whether reportable No.
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