IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of decision:03.07.2019.
TARSEM SINGH DOGRA AND ANR … Petitioners
STATE OF UT CHANDIGARH ANR. …. Respondents
CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
Present: Ms. Sakshi Doda, Advocate, for
Mr. B.B. Bagga, Advocate,
for the petitioners.
Mr. Lalit K. Gupta, Addl. P.P., U.T., Chandigarh,
for respondent No.1.
Mr. Lalit Thakur, Advocate,
for respondent No.2-complainant.
HARI PAL VERMA, J.(Oral)
Prayer in this application filed under Section 482 Cr.P.C. is to
place on record the amended memo of parties.
For the reasons stated in the application, same is allowed and
the amended memo of parties is taken on record.
Prayer in the present petition filed under Section 438 of the
Code of Criminal Procedure, 1973 is for grant of anticipatory bail to the
petitioners in FIR No.13 dated 03.03.2018 registered under Sections 323,
406, 498A of IPC at Police Station Women, Sector 17, Chandigarh.
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Learned counsel for the petitioners states that pursuant to the
order dated 17.10.2018 passed by this Court, petitioners have joined the
Learned State counsel as well as learned counsel for the
complainant-respondent No.2 have argued that though the petitioners have
joined investigation, but recovery of some jewellery is yet to be effected.
I have heard learned counsel for the parties.
Hon’ble Apex Court in Social Action Forum for Manav
Adhikar and another Versus Union of India, Ministry of Law and Justice
and others, 2018(4) R.C.R. (Criminal) 226 has held that when an
application for bail is entertained, proper conditions have to be imposed but
recovery of disputed dowry items may not by itself be a ground while
rejecting an application for grant of bail under Section 498-A IPC. The
relevant paragraph of the said judgment reads as under:-
“35. Though Rajesh Sharma (supra) takes note of Gian Singh
(supra) , yet it seems to have it applied in a different manner. The
seminal issue is whether these directions could have been issued by
the process of interpretation. This Court, in furtherance of a
fundamental right, has issued directions in the absence of law in
certain cases, namely, Lakshmi Kant Pandey v. Union of India , 3
Vishaka and others v. State of Rajasthan and others and Common 4
Cause (A Registered Society) v. Union of India and another and 5
some others. In the obtaining factual matrix, there are statutory
provisions and judgments in the field and, therefore, the directions
pertaining to constitution of a Committee and conferment of power
on the said Committee is erroneous. However, the directions
pertaining to Red Corner Notice, clubbing of cases and postulating
that recovery of disputed dowry items may not by itself be a ground
1 Rajesh Sharma ors v. State of U.P. anr, 2017(3) R.C.R. (Criminal) 836.
2 Gian Singh v. State of Punjab, (2012) 10 SCC 303.
3 (1984) 2 SCC 244.
4 (1997) 6 SCC 241.
5 (2018) 5 SCC 1.
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for denial of bail would stand on a different footing. They are
protective in nature and do not sound a discordant note with the
Code. When an application for bail is entertained, proper conditions
have to be imposed but recovery of disputed dowry items may not by
itself be a ground while rejecting an application for grant of bail
under Section 498-A IPC. That cannot be considered at that stage.
Therefore, we do not find anything erroneous in direction Nos. 19
(iv) and (v). So far as direction No. 19(vi) and 19(vii) are concerned,
an application has to be filed either under Section 205 CrPC or
Section 317 CrPC depending upon the stage at which the exemption
Considering the fact that the petitioners have joined the
investigation and as held in Social Action Forum for Manav Adhikar and
another (supra) that recovery itself cannot be a ground to decline bail to the
petitioners more particularly when the husband is already on bail, the present
petition is allowed and the interim bail granted to the petitioners vide order
dated 17.10.2018 is made absolute.
However, if required, the petitioners shall continue to join
investigation as and when required to do so and shall abide by the terms and
conditions, as laid down under Section 438(2) Cr.P.C.
(HARI PAL VERMA)
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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