Single judge dismissed an application for pre-arrest bail in a matrimonial dispute. Despite arguments of returned false allegations and pending civil proceedings, the court found serious allegations of maltreatment and threats to life precluding the grant of bail.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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Crl. Misc. No. M- 22046 of 2008 Date of Decision:- 16.3.2009
Baljinder Singh Versus State of U.T.
Present:- Mr. P.S.Paul, Advocate, for the petitioner.
Mr. G.S.Kaura, Advocate, for the complainant.
M.M.S.BEDI. (J) (Oral)
This order will dispose of an application for pre-arrest bail in a case registered at the instance of respondent No.2 Jaswinder Kaur alleging that the petitioner and his family members i.e his mother, father and jethani have started demanding money from the parents of the complainant. On refusal to meet the said demands she was given beatings. A sum of Rs. 60,000/- have been given by the parents of the complainant. Petitioner and family members again started demanding more money.
Learned counsel for the petitioner has submitted that all the allegations against the petitioner are false and that petitioner has moved an application under Section 9 of the Hindu Marriage Act and the same is pending in the Civil Courts. Petitioner is ready to resume co-habitation.
Notice was issued to the respondents. Complainant-Jaswinder Kaur, by appearing in Court, has submitted that she has got threat to her life and that there are not chances of amicable settlement.
I have heard learned counsel for the petitioner and State Counsel and gone through the record. There are serious allegations of maltreatment given by the petitioner to his wife. There are allegations of beating. There
Crl. Misc. No. M- 22046 of 2008
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is a four months old child born out of the wedlock of respondent No.2 and petitioner, is residing with the parents of the complainant.
In view of totality of all the circumstances no extraordinary circumstances seem to exist to grant the concession of pre-arrest bail to the
petitioner.
Petition is, thus, dismissed.
March 16, 2009 tripti
(M.M.S.Bedi) Judge
2 issues framed by the court
Whether pre-arrest bail should be granted given serious allegations of maltreatment towards the wife.
Whether the existence of a child born out of wedlock and pending civil proceedings constitute extraordinary circumstances warranting bail.
Baljinder Singh
State of U.T.
Jaswinder Kaur
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
