Allowed

Barinder Kumar Passi & Anr. v. State of Punjab

Punjab & Haryana HC10 Feb 2011CRM-M/1354/2011

Case brief

AI extract

What is this about?

The court made an interim anticipatory bail order absolute. Rejecting the argument that possession of dowry articles warrants denial, the court held arrest is a last resort and allowed bail subject to Section 438(2) CPC conditions and participation in investigation.

What did the court decide?

Present petition allowed; Order dated 18.1.2011 made absolute subject to Section 438(2) limitations and participation in investigation.

Barinder Kumar Passi & Anr. Vs State of Punjab — Dowry and Cruelty | Punjab & Haryana HC (2011)

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CRM-M No.1354 of 2011

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In the High Court of Punjab and Haryana, Chandigarh.

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CRM-M No.1354 of 2011 (O&M)

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Date of Decision: 10.02.2011

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Barinder Kumar Passi and another

....Petitioner

Versus

State of punjab

....Respondents.

Coram:- Hon'ble Mr. Justice Alok Singh

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1.Whether reporters of local news papers may be allowed to see judgement ?

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To be referred to reporters or not ?

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Whether the judgement should be reported in the Digest ?

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Present: Mr. Vijay Kaushal, Advocate

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for the petitioners.

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Ms. Bhavna Gupta, DAG, Punjab for the State.

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Mr. G.S. Gill, Advocate ...

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Alok Singh, J (Oral).

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This Court vide order dated 18.1.2011 has granted interim anticipatory bail to the petitioners.

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Learned Additional Advocate General, Punjab, on instructions of the Investigating Officer states that the petitioners have joined investigation.

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Learned counsel appearing for the complainant has vehemently argued that the husband is residing abroad and “Istridhan” is in the

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CRM-M No.1354 of 2011 2

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possession of the petitioners, hence recovery of “Istridhan” is to be made. Therefore, petitioners may not be enlarged on bail.

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Hon'ble the Apex Court in the matter of Siddharam Satlingappa Mhetre Vs. State of Maharashtra, 2011(1) RCR (Criminal), 126 has held that ordinarily arrest should be the last option and it should be restricted to exceptional cases; irrational and indiscriminate arrests are gross violation of human rights. It has further been observed that to protect civil liberty, ordinarily anticipatory bail must be granted unless compelling reasons are shown to the Court to refuse the same.

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As to whether dowry articles in possession of the petitioners, is a matter of evidence ? Dowry articles cannot be equated with the weapons, which is said to be recovered under Section 27 of the Indian Evidence Act.

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Considering totality of the facts and circumstances of the case, present petition is allowed. Order dated 18.1.2011 is made absolute, subject to the limitations provided under Section 438(2) of the Code. Petitioner – accused shall participate in the investigation as and when he is required.

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10.02.2011 sk.

Barinder Kumar Passi & Anr. v. State of Punjab

Case brief

What is this about?

What did the court decide?

Barinder Kumar Passi & Anr. v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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