Allowed

Ishwar Dass Manchanda and Ors. v. State of Haryana

Punjab & Haryana HC17 Oct 2011CRM-M/21352/2011

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to petitioners in a matrimonial matter involving 498-A/406/34 IPC. Bail is conditional upon creating a Rs.5 lakh fixed deposit by a fixed date and surrendering it to the Investigating Officer. Default leads to petition dismissal.

What did the court decide?

Arrest stayed; petitioners released on bail subject to creating a Rs.5 lakh fixed deposit; failure to do so by the deadline renders petition dismissed.

Ishwar Dass Manchanda and Ors. Vs State of… — Matrimonial and Divorce | Punjab & Haryana HC (2011)

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Crl. Misc No. M 21352 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc No. M 21352 of 2011 Date of decision : October 17, 2011

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Ishwar Dass Manchanda and another,

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...... Petitioners

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State of Haryana and another,

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...... Respondents

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CORAM : HON'BLE MR.JUSTICE AJAY TEWARI

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Present : Mr. Deepak Manchanda, Advocate for the petitioners.

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Mr. Manmohan Sikka, DAG Haryana

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Mr. S.S.Bhinder, Advocate for respondent No.2.

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1. Whether Reporters of Local Newspapers may be allowed to see the judgment ?

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2. To be referred to the Reporters or not ?

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**3. Whether the judgment should be reported in the Digest ? *****

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AJAY TEWARI, J (Oral)

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The petitioners seek grant of anticipatory bail in case FIR No.298, dated 25.6.2011, registered under Sections 498-A/406/34 of the IPC, at Police Station Sector 7, Faridabad.

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Parties to the marriage are present in Court. Since 18.7.2011, attempts have been made to bring an amicable end to this matrimonial dispute. With the intervention of the learned counsel, the entire dispute has not been settled but a limited agreement has been arrived at. It has been agreed that the son of the petitioners shall create a fixed deposit of Rs.5 lacs in the name of the minor son of the parties. It has further been agreed that

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Crl. Misc No. M 21352 of 2011 ::2::

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the said amount along with interest accrued thereon shall be reinvested till such time as the minor son attains the age of 18 years. It has also been agreed that the son of the petitioners would be at liberty to meet the minor child on every Sunday at Parshav Nath Mall, Faridabad between 11 am to 3 pm. It has further been agreed that the son of the petitioners can move an application before the competent court to get the present arrangement with regard to visitation rights modified with the passage of time. In view thereof, respondent No.2 does not oppose the grant of bail to the petitioners.

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Counsel for the petitioners prays for two months' time to create the said fixed deposit.

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In the circumstances, let the son of the petitioners create the fixed deposit for Rs.5 lacs on or before 16.12.2011. On the said date, the petitioners will appear before the Investigating Officer and hand over the fixed deposit to him who will further hand over the same to respondent No.2. In the event of their appearance, the petitioners will be released on anticipatory bail by the Investigating Officer to his satisfaction subject to the conditions as laid down in Section 438(2) of the Cr.P.C.

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Till 16.12.2011, arrest of the petitioners shall remain stayed. It is, however, made clear that in case the son of the petitioners fails to create the fixed deposit on the date fixed, this petition would be deemed to be dismissed.

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Petition stands disposed of.

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( AJAY TEWARI ) October 17, 2011. JUDGE `kk'

Ishwar Dass Manchanda and Ors. v. State of Haryana

Case brief

What is this about?

What did the court decide?

Ishwar Dass Manchanda and Ors. v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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