Criminal Miscellaneous No. M-32786 of 2009 v. State of Punjab
Case at a glance
Outcome
Allowed
The petition is allowed
Provisions considered
Judgment
HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. N.P.S. Mann, Advocate, for the petitioner. Mr. Gaurav Garg Dhuriwala, Assistant Advocate General, Punjab assisted by Mr. Suveer Sheokand, Advocate, for the complainant. . . . AJAI LAMBA, J (Oral) The petition has been filed under Section 438 Cr.P.C. for bail in case FIR No.151 dated 1.9.2009 under Sections 406, 498-A IPC registered with Police Station, Sidhwan Bet, District Ludhiana Rural. Learned counsel for the petitioners has pointed out that petitioner Nos.1 to 3 and 5 have joined investigation. Petitioner No.4, Jaswinder Singh son of Gurdev Singh is in the Crl. Misc. No. M-32786 of 2009 [2] Army and has already filed an application before his Commanding Officer to enable him to join investigation. It has further been pointed out that main accused, Kulwinder Singh (husband of the complainant) has been arrested. Learned counsel for the respondent- State, on instructions from Jasbir Singh, Assistant Sub Inspector, admits that petitioner Nos.1 to 3 and 5 have joined investigation and are not required for further interrogation.
Operative part
Learned counsel for the respondent- State contends that Jaswinder Singh (petitioner No.4) is required to join investigation. The petition is allowed. Order dated 27.11.2009 is hereby made absolute and it is directed that in the event of arrest, the petitioners shall be enlarged on bail on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions:-
(i) The petitioners shall make themselves available for interrogation as and when required; (ii) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person ac- quainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) The petitioners shall not leave India without the previous permission of the Court.
Crl. Misc. No. M-32786 of 2009 [3] This order shall enure till 15 days after the filing of final report under Section 173 Cr.P.C. within which period, the petitioners shall be re- quired to seek regular bail.
It is further directed that peti- tioner No.4, Jaswinder Singh would join investi- gation as soon as he is allowed leave by the Com- manding Officer. Petitioner No.4, Jaswinder Singh, shall be at liberty to produce a copy of this or- der to the Commanding Officer so that the aspect of grant of leave can be considered in view of the fact that process of law requires Jaswinder Singh son of Gurdev Singh (petitioner No.4) to be present in District Ludhiana for joining investi- gation. February 03, 2010 JUDGE (AJAI LAMBA)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 173, 438; Indian Penal Code, 1860.
Which court decided this case, and when?
Punjab & Haryana High Court, on 03 Feb 2010. The bench was AJAI LAMBA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.