CRM No.M-23357 of 2017 and a connected case.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
1. Criminal Misc. No.M- 23357 of 2017(OM)
Date of Decision: December 20 , 2017.
Sarabjit Singh @ Sabhi …… PETITIONER(s)
Versus
State of Punjab …… RESPONDENT (s)
2. Criminal Misc. No. M- 20245 of 2017(OM).
Mohinder Kaur and another …… PETITIONER(s)
Versus
State of Punjab and another …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Jagjit Singh, Advocate
for the petitioners.
Mr. Rahul Rathore, DAG, Punjab.
Mr. A.S.Khinda, Advocate
for the complainant/respondent No.2.
*****
1. Whether reporters of local papers may be allowed to see
the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
*****
LISA GILL, J.
This order shall dispose of CRM No.M-23357 of 2017 (Sarabjit
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CRM No.M-23357 of 2017 and a connected case.
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Singh @ Sabhi v. State of Punjab) and CRM No.M-20245 of 2017 (Mohinder
Kaur and another v. State of Punjab and another). Petitioner-Sarabjit Singh @
Sabhi is the husband and petitioners-Mohinder Kaur and Burh Dass are the
parents-in-law of the complainant.
Prayer in both these petitions is for grant of anticipatory bail to the
petitioners in FIR No.86 dated 01.04.2017 under Sections 498A/406 IPC,
registered at Police Station City Kapurthala, District Kapurthala
It is submitted that the matter has been amicably resolved between
the parties before the Mediation and Conciliation Centre of this Court during
the pendency of these petitions on 01.09.2017. Settlement/agreement dated
01.09.2017 is attached with the file of CRM No.M-23357 of 2017. It is
informed that the petitioner – Sarabjit Singh @ Sabhi and the complainant/
respondent No.2 have resumed matrimonial ties and are now living together
happily in their matrimonial home. It is further submitted that the petitioners
have joined investigation. Therefore, it is prayed that these petitions be allowed.
Learned counsel for the complainant/respondent No.2 submits that
his client has no objection if these petitions are allowed, subject to the
petitioners strictly adhering to the terms and conditions of the settlement.
There are no allegations on behalf of the State that the petitioners
are likely to abscond or that they are likely to dissuade the witnesses from
deposing true facts before the Court, if released on bail.
Keeping in view the facts and circumstances as above but without
commenting upon or expressing any opinion on the merits of the case, both
these petitions are allowed. Consequently, order dated 01.06.2017 in CRM
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CRM No.M-23357 of 2017 and a connected case.
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No.M-20245 of 2017 is made absolute. In the event of arrest of the petitioner –
Sarabjit Singh @ Sabhi, he be released on bail to the satisfaction of the
Arresting/Investigating Officer. The petitioners shall join investigation as and
when required by the Investigating Agency and comply with the conditions
stipulated in Section 438(2) Cr.P.C.
It is clarified that none of the observations made hereinabove shall
be construed to be a reflection on the merits of the case. The same are solely
confined for the purpose of decision of the present petitions.
( LISA GILL )
December 20 , 2017. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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