High Court Punjab-Haryana High Court

Gurvir Singh Alias Lali vs State Of Punjab on 20 August, 2009

Punjab-Haryana High Court
Gurvir Singh Alias Lali vs State Of Punjab on 20 August, 2009
 CRM No. M-20522 of 2009                                 1



    IN THE HIGH COURT FOR THE STATES OF PUNJAB &
              HARYANA AT CHANDIGARH.

                               CRM No. M-20522 of 2009 (O&M)
                               Date of decision: 20.8.2009

Gurvir Singh alias Lali                             ...Petitioner

                            Versus

State of Punjab                                     ...Respondent


CORAM:      HON'BLE MR. JUSTICE RAJAN GUPTA

Present:    Mr. R.K. Singla, Advocate, for the petitioner.
            Mr. P.S. Bajwa, DAG, Punjab.


Rajan Gupta, J.

This is a petition for anticipatory bail in a case registered

against the petitioner under Sections 498-A, 406 & 109 IPC at Police

Station Kotwali, Bathinda, vide FIR No.340 dated 21st May, 2009.

Learned counsel for the petitioner has argued that the

petitioner has been falsely implicated in the case. He has referred to

FIR, Annexure P-4 dated 6th May, 2006 and submitted that the

complainant and her father have been indulging in yellow journalism.

According to the counsel, the credibility of the complainant becomes

doubtful and therefore, her version cannot be believed. This apart,

learned counsel has submitted that in her earlier complaints made by the

complainant, she never levelled the allegations as have been levelled in

the present FIR. Moreover, co-accused of the petitioner have already

been granted bail by the court below. The petitioner is, thus, entitled to
CRM No. M-20522 of 2009 2

the same concession.

Learned counsel for the State has, however, vehemently

opposed the prayer for pre-arrest bail to the petitioner. He has

submitted that allegations against the petitioner are very serious. He had

subjected his wife to mental and physical cruelty. According to the

counsel, there can be no parity with the co-accused as the petitioner is

the main accused being husband of the complainant.

I have heard learned counsel for the parties and given

careful thought to the facts of the case.

In a detailed complaint lodged with the police, the

complainant alleged that she was subjected to mental and physical

cruelty in her in-laws house due to demand of dowry. She had vividly

described the agony suffered by her. She had submitted that on 5th

August, 2007, a pill was administered to her resulting in termination of

her pregnancy. She was repeatedly asked by petitioner to bring a motor

cycle and Rs.5.00 lacs from her parents, failing which she would not be

allowed to live in her matrimonial home. On her inability to do so, she

was given beatings and confined to a room. On 5th May, 2008, all the

accused gave beating to her on her inability to bring more dowry and

Rs.5.00 lacs. Later, a Panchayat was also convened but accused

reiterated their demand of Rs.5.00 lacs and more dowry in front of the

Panchayat. This is despite the fact that sufficient dowry was given at

the time of marriage, which had been entrusted to the petitioner and

other co-accused. The same had been retained by the accused.
CRM No. M-20522 of 2009 3

Keeping in view the nature of allegations against the

petitioner, I do not find it a fit case for grant of pre-arrest bail to him.

There are serious allegations against the petitioner of meting out cruel

treatment to his wife. Such an accused is not entitled to the

discretionary relief of pre-arrest bail. I find no force in argument of the

counsel for the petitioner that the petitioner has been falsely implicated.

The effort of the counsel to impeach the credibility of the complainant at

this stage by referring to an FIR pertaining to the year 2006, is

misconceived. Appropriate stage for raising such a plea is during the

course of trial.

The petition is devoid of merit. The same is hereby

dismissed.

(RAJAN GUPTA)
JUDGE
August 20, 2009
‘rajpal’