Allowed bail to petitioner accused of dowry demand with conditions to join investigation and pay Rs.2 lacs for disputed dowry articles within two months.
Petitioner granted bail with conditions to join investigation and pay Rs.2 lacs to complainant within two months.
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Crl. Misc. No.M-12801 of 2011 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl. Misc. No. M-12801 of 2011
Date of Decision: August 25, 2011
Amarjit Kaur
…..Petitioner
Vs.
State of Punjab
…..Respondent
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr.S.S. Hira, Advocate for the petitioner.
Mr. K.S. Sidhu, DAG, Punjab. Mr.M.S. Dhami, Advocate for the complainant.
-.-
M.M.S. BEDI, J. (ORAL)
Petitioner is mother-in-law of complainant who was married to Sukhwinder Singh, son of the petitioner. There are allegations of demand of luxury car and retention of dowry articles by the petitioner and her son.
Counsel for the petitioner has submitted that the son of the petitioner is residing in England and the complainant after marriage had
Crl. Misc. No.M-12801 of 2011 [2]
joined the son of the petitioner in England but on account of differences having arisen between the complainant and her son, the complainant has returned back.
Counsel for the complainant has intervened to oppose the petition for pre-arrest bail on the ground that recoveries are yet to be effected from the petitioner as two gold sets and other articles which were entrusted to the petitioner have been retained by her.
I have heard counsel for the petitioner, State counsel as well as counsel for the complainant. The petitioner has joined investigation pursuant to the interim orders passed by this Court. There is a controversy regarding the recoveries of the jewellery articles.
Without entering into the controversy whether the articles were entrusted to the petitioner or not, I am of the considered opinion that the grievance of the complainant, if any, is against the son of the petitioner. So far as the disputed dowry articles are concerned, the petitioner can be asked to compensate the complainant in lieu of the disputed articles.
Petition is allowed and it is ordered that in case of arrest of the petitioner, she will be released on bail to the satisfaction of the arresting officer subject to the following conditions:-
ii) that she will not tamper with the evidence or hamper the investigation in any manner; and
Crl. Misc. No.M-12801 of 2011
[3]
iii) that the petitioner will pay a sum of Rs.2 lacs in the shape of bank draft to the complainant without prejudice to the rights of the complainant or the rights of the petitioner, in lieu of the alleged dowry articles, claimed by the complainant, to be in possession of the petitioner within a period of two months. The bank draft will be handed over to the investigating officer. The investigating officer will hand over the said bank draft to the complainant.
In case of violation of any of the abovesaid conditions, it will be open to the complainant or the State to seek the cancellation of the
bail.
August 25, 2011 sanjay
(M.M.S.BEDI) JUDGE
2 issues framed by the court
Whether bail should be granted to the petitioner subject to conditions regarding investigation and payment.
How police recoveries of dowry articles if detained by the petitioner affect the bail application.
Amarjit Kaur
State of Punjab
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
