IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO. M 1761 of 2009
DATE OF DECISION 30.3.2009
Manvinder Pal Jit Singh
......PETITIONER
VERSUS
State of Punjab
......RESPONDENTS
PRESENT: Mr. Vivek Goel, Advocate
Mr. PS Sidhu,Addl.A.G.Punjab
Mr. RS Bains, Advocate.
M.M.S.BEDI,J.
The petitioner is alleged to have maltreated the complainant,
his wife. There are allegations of beatings also.
Learned counsel for the complainant has vehemently opposed
the petition for pre-arrest bail contending that the petitioner on earlier
occasions also had been indulging in cruelty and criminal activities.
However, the learned State counsel, on the instructions of HC Harjinder
Singh, informs that cancellation report has been approved by the SSP.
In view of the dual version, which has cropped in and the
petitioner having joined the investigation, petition for pre-arrest can be
allowed. The complainant, no doubt, has got a right to file a protest petition
in case the cancellation report is submitted.
In view of the above, the petition is allowed and it is ordered
that in case of arrest of the petitioner, he will be admitted to bail to the
satisfaction of the arresting officer subject to the condition that he will
appear before the investigating officer as and when required by the police
and will not tamper with evidence or hamper the investigation at any stage.
He will also not interfere in the process of recovery, if any, and will not
commit the similar offence of which he is accused of. In case of any such
eventuality, it will be open to the complainant/ prosecution to seek
cancellation of bail. This petition has been accepted without expression of
any opinion regarding the validity or invalidity of the cancellation report.
March 30 ,2009 ( M.M.S.BEDI ) TSM JUDGE