Crl. Misc. No. M-20610 of 2017 -1-
In the High Court of Punjab and Haryana at Chandigarh
Crl. Misc. No. M-20610 of 2017
Date of Decision: 16.1.2018
Sanjeev Kumar Mittal ……Petitioner
State of Punjab and another …..Respondents
CORAM: HON’BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Petitioner in person along with
Mr. S.K.Garg Narwana, Senior Advocate with
Mr. Naveen Gupta, Advocate.
Mr. Rajbirinder S. Chahal, Addl. A.G., Punjab
Respondent No. 2 along with
Mr. Yogesh Goel, Advocate.
ANITA CHAUDHRY, J (ORAL)
Through the instant petition, the petitioner is seeking
anticipatory bail in case FIR No. 57 dated 4.5.2017, registered under
Sections 354 IPC and Section 8 of POCSO Act, Police Station Division
No. 8, Ludhiana.
The Assistant Commissioner of Police (West), Ludhiana has
filed his affidavit. Along with the affidavit, there are the statements given
by daughters of the petitioner recorded by the police when they were joined
for investigation. The daughters had given hand written statements.
The petitioner had been directed to join the investigation. He
had also been asked to deposit the litigation expenses and those were
deposited. The parties were referred for mediation. Both the parties along
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Crl. Misc. No. M-20610 of 2017 -2-
with their daughters are present in the Court. While deliberations were
going on, the daughters were asked to go outside the Court.
The record shows that the wife had lodged a complaint against
her husband alleging that he had molested his daughters. The FIR had been
cancelled. The report had been submitted before the Court which was not
accepted and it has been sent back for further investigation. Custodial
interrogation of the petitioner is not necessary.
Looking to the circumstances, but without commenting on the
merits of the case, the petition is allowed and order dated 2.6.2017 granting
interim bail to the petitioner is made absolute subject to the conditions laid
down in Section 438 Sub Section 2 Clauses (i)(ii) and (iii) of the Code of
January 16, 2018
Whether speaking/reasoned : Yes
Whether reportable : No
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