Date of decision vs State of Pu

Mr. Atul Kumar, Advocate for ate for Mr. G.S. Ghuman, Advocate for the petitioner. Ms. Guramrit Kaur, DAG, Pun assisted by ASI Baljinder Sing G, Punjab er Singh. Mr. Gurjinder Singh Thind, A for the complainant. ind, Advocate NIDHI GU HI GUPTA J. (Oral) The petitioner is seeking anticipatory bail in FIR No.0137 da 137 dated 17.11.2023 (Annexure P- -1) under Sections 406, 498- A, 354-B, 3 B, 323 and 506 IPC, registered at P ed at Police Station Urban Estate, District Pat ict Patiala. On 20.02.2024, this Court had p rt had passed the following order :- “Prayer in this 1" petit petition filed under Section 438 Cr.P.C. is for grant of anticip ticipatory bail to the petitioner in case FIR No. 0137 dated 1 ted 17.11.2023 (Annexure P-1) registered under Sections 40 s 406, 498-A, 354-B, 323 and 506 IPC at Police Station Urb Urban Estate, District Patiala. Learned counsel, inte inter alia, submits that the petitioner before this Court urt is the father-in-law of the VIJAY ASIJA 2024.07.31 18.35 I attest to the accuracy and integrity of this document CRM-M-9088-2024 2 complainant on whose com complaint dated 02.05.2023 moved before the Senior ior Superintendent of Police Patiala, the present FIR h R has been registered. It is submitted that the allegations ions made in the present FIR on the face of it are false and and fabricated, as it has been alleged in the complaint at pa at page 19 of the paper book in para (6) that on 22.3.2023 h 23 husband of the complainant and her in-laws including t ng the present petitioner had given merciless beatings to to the complainant. Learned counsel for the petitioner ner refers to the air ticket (Annexure P-8) of the husba usband of the complainant at page 50 paper book to submi ubmit that on 21.03.2023 itself, the husband of the complain plainant had left for Australia and, therefore, it is clear that that the complainant is levelling false allegations in the FIR. IR. It is further submitted that date of alleged incident is t is 22.03.2023; however, the present FIR was registered on d only on 17.11.2023. It is also submitted that the present FIR t FIR was registered against the husband, mother-in-law, fath father-in-law/petitioner herein, brother-in-law (Dewar) and 0 nd 02 sisters-in-law (Nanad) of the complainant. It is further rther submitted that a car has already been recovered fro from the petitioner and his family. Nothing has to be rec recovered from the petitioner, therefore, his custodial interro terrogation is not required. The petitioner is ready to join the the investigation as and when required and shall abide by a by all the terms and conditions imposed upon him. Learned ned counsel for the petitioner relies upon a judgment of Ho f Hon'ble the Supreme Court in Bimla Tiwari vs. State of Bih Bihar and others, Law Finder Doc ID # 2110551, wherein it in it has been held that "matter of grant of bail is not ot akin to money recovery proceedings", which has be s been relied upon by a co- ordinate Bench of this Court i urt in its recent judgment dated VIJAY ASIJA 2024.07.31 18.35 I attest to the accuracy and integrity of this document CRM-M-9088-2024 3

12.02.2024, passed in CRM CRM-M-60647-2023, 'Varun Sharma vs. State of Punjab an ab and another'. Notice of motion. On the asking of Cou Court, Mr. Kunwarbir Singh, AAG, Punjab accepts notice o ice on behalf of the respondent- State. Adjourned to 29.07.202 .2024. In the meantime, the the petitioner is directed to appear before the SHO/Inv /Investigating Officer to join investigation and in the even event of his arrest, he shall be released on interim bail on h on his furnishing bail bonds to the satisfaction of SHO/Inves nvestigating Agency, subject to the following conditions as as envisaged under Section 438(2) Cr.P.C.:- i) that the petitio etitioner shall make himself available interrogation before Investigating g Officer as and when required; ii) that the petition titioner shall not, directly or indirectly, make ake any inducement, threat or promise to any p ny person acquainted with the facts of the case case so as to dissuade him/her from disclosing s ng such facts to the Court or to any police officer ficer; iii) that the petitio titioner shall not leave the country, without hout prior permission of the Court and shall hall surrender his passport, if any. Meanwhile, State coun counsel is directed to file an affidavit/status report as to s to the exact role of the petitioner along with the deta details of pending FIRs, if any, on or before the next date of h of hearing.” l, on Learned State counsel, on instructions from ASI Baljinder S nder Singh states that in terms of the of the order passed by this Court, VIJAY ASIJA 2024.07.31 18.35 I attest to the accuracy and integrity of this document CRM-M-9088-2024 4 reproduced duced above, the petitioner has jo joined the investigation on

28.3.2024 .2024 and no further interrogation is re n is required at this stage. In view of the above, the e, the order dated 20.02.2024 granting in ting interim bail to the petitioner is ma is made absolute. However, the petitioner shal r shall abide by the conditions stipulated lated under Section 438(2) Cr.P.C r.P.C. He shall also join the investigatio tigation and cooperate with the invest investigating agency in case he is required fo ired for the same in future as and when when called upon to do so. In case at any given point of t nt of time hereinafter, it is felt by the investi investigating agency that the petiti petitioner is required for the investigatio tigation but is not cooperating, they w they will be at liberty to approach this Court f ers. urt for passing appropriate orders. The petition stands disposed o osed of. , 2024 July 29, 20 Vijay Asija Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2024.07.31 18.35 I attest to the accuracy and integrity of this document