IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc M- 23208 of 2009
Date of decision: 7.12.2009
Narinderpal Kaur and anr ...Petitioners
Versus
State of Punjab ...Respondent
Present: Mr AK Walia, Advocate for the petitioner.
Mr PS Grewal, AAG Punjab.
Mr JS Sidhu, Advocate for the complainant.
S.S.SARON, J.
Heard counsel for the parties.
This petition has been filed seeking pre-arrest bail in a
case registered against the petitioners for the offences under Sections 406
and 498A IPC.
The FIR in the case has been registered on the statement of
Sukhjit Kaur who was married to Jatinderpal Singh Virk. Petitioner-1 is the
married sister-in-law of the complainant – Sukhjit Kaur and petitioner-2 is
the husband of petitioner-1.
Cr Misc M- 23208 of 2009
2
On the last date of hearing, learned counsel for the State had
submitted that cancellation report was ready and was likely to be filed
before the Ilaqa Magistrate. Learned counsel for the State, on instructions,
has submitted that the same has not been filed before the Ilaqa Magistrate.
He, however, submits that keeping in view that cancellation report is being
prepared, the custody of the petitioners is not required for the purposes of
investigation.
Learned counsel for the complainant has submitted that an
amount of Rs 1.00 lakh, gold ornaments and Passport of the complainant,
besides other house-hold articles are yet to be recovered.
The arrest of the petitioners was stayed by this Court vide order
dated 27.8.2009.
After giving my thoughtful consideration to the matter and
keeping in view the fact that a cancellation report has been prepared which
is being filed as also the fact that the custody of the petitioners is not
required for the purposes of investigation, it would be just and expedient
that the petitioners are granted anticipatory bail.
Accordingly, this petition is allowed and the petitioners, in the
event of their arrest, on their furnishing personal bonds and surety each to
the satisfaction of the arresting/IO, shall be admitted to bail. They shall,
however, join investigation as and when called and shall abide by the
conditions provided under Section 438(2) CrPC.
The complainant may pursue her other remedies in accordance
with law.
7.12.2009 ( S.S.SARON ) ASR Judge