The High Court, Punjab & Haryana, converted an interim anticipatory bail order to an absolute order. The court held that the petitioner's cooperation in the investigation outweighed the unresolved dispute over dowry articles, making the grant of bail lawful.
The interim protection/bail granted was made absolute.
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.
Crl. Misc.No.M-3674 of 2010(O&M) # 1#
Date of Decision:-02.05.2011
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH .
Crl. Misc.No.M-3674 of 2010(O&M)
Mohd. Jamil .
......Petitioner.
Versus
State of Punjab .
......Respondent.
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH.
Present:Mr. G.N. Malik, Advocate for the Petitioner.
Mr. Shailesh Gupta, DAG Punjab.
Mr. Mohd. Yusuf, Advocate for the Complainant.
JASWANT SINGH, J (ORAL)
Crl. Misc.No.6668 of 2011
Allowed as prayed for.
Crl. Misc.No.M 3674 of 2011
Prayer under Section 438 Cr.PC is for grant of anticipatory bail on behalf of petitioner Mohd. Jamil in case FIR No.104 dated 25.09.2010 under Sections 406, 498-A IPC, P.S. Amargarh, District Sangrur.
As per allegations levelled in the FIR by complainant-Anwari wife of petitioner Mohd. Jamil, she was being maltreated and harassed by the petitioner along with her parents-in-law for bringing insufficient dowry articles.
Crl. Misc.No.M-3674 of 2010(O&M) # 2#
Learned Counsel for the petitioner submits that petitioner has been falsely implicated and that the present FIR has been lodged after more than 09 years of the marriage. It is further submitted that pursuant to the directions issued vide order dated 09.03.2011 petitioner has joined the investigation and entire dowry articles have been got recovered and nothing more is to be returned.
Learned State counsel on instructions from SI Kuldeep Singh submits that petitioner Mohd. Jamil has joined the investigation and most of the articles have been recovered, however, some gold/silver articles still remain to be recovered.
After hearing the learned counsel for the parties and without commenting on the merits of the case, in view of the petitioner having cooperated during investigation, in my considered view the mere dispute with regard to non return of some dowry articles would not be a basis to deny the petitioner the concession of pre arrest bail since the primary purpose of investigation is to inquire and interrogate the petitioner in relation to the alleged offences. The accused having joined and co-operated in the investigations, the mere allegations and counter allegations of return and non return of dowry articles at this stage would not impede the extending of concession of pre-arrest bail. Thus the interim protection/bail granted vide order dated 09th of March, 2011 is made absolute.
Petition stands disposed of.
( JASWANT SINGH ) JUDGE
May 02, 2011 Vinay
2 issues framed by the court
Whether cooperation in investigation without full recovery of dowry articles precludes the grant of anticipatory bail.
Whether the mere dispute regarding non-return of some dowry articles is a sufficient ground to deny pre-arrest bail.
1 provisions across 1 enactments
Mohd. Jamil
State of Punjab
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
