In Sacchar Free Press Order allowed bail to petitioner accused of domestic violence leading to wife's suicide without expressing opinion on merits demanding surrender of passport.
Petitioner is granted bail subject to furnishing surety bonds and surrendering passport, with a condition not to leave India during trial.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-13275 of 2012 (O&M) Date of Decision: December 17, 2012
Parwinder Singh
.... Petitioner
Versus
State of Punjab CORAM : HON'BLE MR. JUSTICE M.M.S. BEDI
.... Respondent
Present: Mr. Balraj Singh, Advocate for the petitioner.
Mr. Ankur Jain, AAG, Punjab.
M.M.S. BEDI, J. (ORAL)
The petitioner was married to Manpreet Kaur, daughter of Sher Singh. After about a period of 10 years of the marriage, she committed suicide. As per the allegations of the complainant Sher Singh, his daughter had committed suicide, having been fed up with maltreatmeant and atrocities of the petitioner and his family members.
After hearing the counsel for the petitioner and going through the police file, it is apparent that the petitioner had been residing in Dubai for a period of about two years prior to the occurrence and had returned only two months before the date of suicide. The two children born out of their wed-lock are even residing with the parents of the petitioner. The petitioner has been in custody w.e.f. 30.09.2011. After recording statement of the complainant, an application under Section 319 Cr.P.C. seems to have been allowed, summoning the other family members of the petitioner as additional accused.
Taking into consideration the aforesaid facts, the period of detention and the nature of allegations and other circumstances, this petition is allowed. The petitioner is, without expression of any opinion on merit, granted the concession of bail, subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial court with an additional condition that the petitioner will not leave India during the pendency of the trial and would be required to surrender his passport before his release before the trial court, if the same has not yet been taken into possession by the police during investigation.
(M.M.S. BEDI) JUDGE
December 17, 2012 sarita
1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving domestic violence leading to the suicide of the wife.
Parwinder Singh
State of Punjab
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
