The petitioners challenged an interim bail order under Cr.P.C. Section 438 in an IPC matrimonial complaint. The single judge confirmed the interim bail as absolute since the petitioners had joined the investigation, without expressing an opinion on the merits.
The interim anticipatory bail granted vide order dated 07.09.2010 is made absolute.
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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Misc. M- No.25954 of 2010 (O&M) Date of Decision: December 15, 2010
Sukhwinder Kaur and another
...........Petitioners
Versus
State of Punjab
..........Respondent
Coram: Hon'ble Mrs.Justice Sabina
Present: Mr.Pardeep Rajput, Advocate for the petitioners Mr.Amandeep Singh Rai, Assistant Advocate General, Punjab Mr. P.S.Khurana, Advocate for the complainant
Sabina, J.
Petitioners have filed this petition under Section 438 of the Code of Criminal Procedure (for short 'Cr.P.C.') for grant of anticipatory bail in FIR No. 96 dated 7.8.2010 under Sections 406/494/498-A of Indian Penal Code (in short 'IPC') registered at Police Station Mahilpur, District Hoshiarpur.
The following order was passed by this Court on 07.09.2010 :-
“Learned counsel for the petitioners submits that the son of the petitioners, after performing marriage with the complainant is residing in England. The complainant is also residing in England. Notice of motion for 5.10.2010.
In the meantime, in the event of arrest, petitioners be admitted to
Criminal Misc. M- No.25954 of 2010 (O&M) -2-
interim bail subject to the satisfaction of the Arresting Officer. They shall abide by the provisions of Section 438(2) of the Code of Criminal Procedure."
Learned counsel for the complainant has opposed the
petition.
Learned State counsel, who is assisted by ASI Mohinder Singh, has submitted that the petitioners have joined the investigation.
Keeping in view the fact that the son of the petitioners as well as the complainant are residing in England after their marriage, it would be just and expedient to confirm the interim bail granted by this Court vide order dated 7.9.2010 as the petitioners have joined the investigation.
Accordingly, without expressing any opinion on the merits of the case, the interim bail granted by this Court vide order dated 07.09.2010 is made absolute.
Petition stands disposed of accordingly.
( Sabina ) Judge
December 15, 2010
arya
2 issues framed by the court
Whether the interim anticipatory bail granted earlier should be confirmed as absolute bail in view of the joinder of investigation by the petitioners.
Whether the residence of the parties abroad affects the court's discretion to grant bail.
2 provisions across 1 enactments
Sukhwinder Kaur and another
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
