Disposed

Nirmal Verma v. State of Punjab

Punjab & Haryana HC10 Mar 2009CRM-M/19884/2008

Case brief

AI extract

What is this about?

Under Section 439 CrPC, the High Court allowed the petitioner to withdraw his bail petition. The court limited disposal liberty to raise objections at the trial court and directed the trial to conclude within six months.

What did the court decide?

Special leave granted to withdraw the petition with liberty to take objections before the trial court. Trial directed to conclude within six months.

Nirmal Verma Vs State of Punjab — Matrimonial and Divorce | Punjab & Haryana HC (2009)

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Criminal Misc. No. M-19884 of 2008 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-19884 of 2008 (O&M) Date of Decision:10.03.2009

Nirmal Verma

.....Petitioner

Vs.

State of Punjab

.....Respondent

CORAM:- HON'BLE MR. JUSTICE HARBANS LAL

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Present:Mr. R.S. Bains, Advocate for the petitioner.

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Mr. T.S. Salana, Deputy Advocate General, Punjab.

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Mr. J.S. Yadav, Advocate for the complainant.

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JUDGMENT

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HARBANS LAL, J. (Oral)

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This petition has been moved by Nirmal Verma under Section 439 of the Code of Criminal Procedure seeking his regular bail in case FIR No.120 dated 25.5.2007 registered under Sections 406, 498-A, 494, 506, 375, 376, 120-B IPC at Police Station City Rajpura, District Patiala.

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I have heard the learned counsel for the parties besides perusing the record with due care and circumspection.

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Learned counsel for the petitioner has strenuously urged that on the day of passing of the order dated 11.4.2008 Annexure P.12, the divorce decree Annexure P.6 between Mrs. Urmila Rani Verna and the petitioner was not brought to the notice of the Court nor the same was placed on the

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Criminal Misc. No. M-19884 of 2008 (O&M)

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record of that petition. He further puts that the petitioner is in custody for the last more than one year and nine months and the conclusion of trial is likely to take considerable time and that being so, he may be admitted to regular bail.

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To tide over these submissions, Mr. T.S. Salana, Deputy Advocate General, Punjab on behalf of the State being assisted by Mr. J.S. Yadav, Advocate maintained that indeed the petitioner is indulging in the habit of entering into the series of marriage with one after the other girl and without seeking divorce and that being so, if the petitioner is admitted to bail, he may spoil the life of many other girls.

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I have well considered the rival contentions.

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I have perused order dated 11.4.2008 passed by this Court, in which it has been observed as under:-

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“On giving a thoughtful consideration to the entire matter, it appears that the petitioner indulges into contracting marriages with girls one after the other and without divorcing them, he enters into a marriage with new girl. If he is admitted to bail, he may abscond or tamper with the prosecution evidence or fleece some other girls. In such circumstances, I do not deem it appropriate to admit the petitioner to bail. Consequently, this petition is dismissed.”

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At this juncture, learned counsel for the petitioner submitted that he may be permitted to withdraw this petition at this stage with permission to take all these objections taken in this petition before the learned trial court.

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Criminal Misc. No. M-19884 of 2008 (O&M)

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Dismissed as withdrawn at this stage with the liberty afore-said. However, the learned trial Court is directed to conclude the trial within six months from the date of receipt of certified copy of this order.

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March 10, 2009 ( HARBANS LAL ) renu JUDGE

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Whether to be referred to the Reporter? Yes/No

Nirmal Verma v. State of Punjab

Case brief

What is this about?

What did the court decide?

Nirmal Verma v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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