Single bench order disposing of Criminal Misc. No. M-15610 of 2009. The Hon'ble Court made the interim pre-arrest bail order absolute for the petitioner, noting a 25-year marriage and absence of harassment history without adjudicating merits.
Order dated 2.6.2009 passed in favour of the interim relief is made absolute. Petition disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Criminal Misc. No. M-15610 of 2009 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-15610 of 2009 (O&M) Date of decision: 19.8.2009
Som Lal
.. Petitioner
v.
State of Punjab
.. Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Anupam Bhardawaj, Advocate for the petitioner.
Mr. A. S. Brar, Senior Deputy Advocate General, Punjab.
Rajesh Bindal J.
While issuing notice of motion, following contentions of learned counsel for the petitioner were noticed:
“Counsel for the petitioner has submitted that the deceased was married to the petitioner for the last 25 years. Daughter of petitioner had married one Manga about 3 years prior to the death of Kamaljit Kaur. It is alleged that the said Poonam had been residing with the complainant and petitioner used to have a grievance with Kamaljit Kaur that she was responsible for the marriage of Poonam to Manga. It has further been argued that Poonam is happily married to Manga and son of the petitioner has furnished an affidavit that there has not been any incident of beating.”
Learned counsel for the petitioner further submits that in terms of the order passed by this Court on 2.6.2009, the petitioner has already joined the investigation.
On the other hand, learned counsel for the State submits that there are serious allegations against the petitioner in the FIR, which do not entitle him the concession of pre-arrest bail.
However, considering the fact that the marriage of the petitioner with the deceased was 25 years old and there was no history of any harassment, without opining on the merits of the controversy, the interim order passed by this Court on 2.6.2009 is made absolute.
Criminal Misc. No. M-15610 of 2009 [2]
The petition stands disposed of. (Rajesh Bindal) Judge 19.8.2009 mk
2 issues framed by the court
Whether to make the interim pre-arrest bail order absolute in a year-long marriage with no history of harassment.
Whether the petitioner is entitled to pre-arrest bail despite serious allegations in the FIR.
Som Lal
State of Punjab
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
