On pre-arrest bail application,High Court held that settlement reached at mediation and resumption of cohabitation entitle petitioner to bail. Impugned interim order made absolute.
Petitioner entitled to pre-arrest bail; interim anticipatory bail order made absolute.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No.M-15639 of 2012(O&M) Date of Decision:.01.10.2012
Simratpal Singh
... Petitioner
vs.
State of Punjab
... Respondent
CORAM:HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present:Mr. Vipin Mahajan, Advocate for the petitioner.
Ms. Rajni Gupta, Addl. AG Punjab.
VIJENDER SINGH MALIK,J(ORAL)
Simratpal Singh, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 18 dated 20.3.2012 at Police Station Qadian, Police District Batala, District Gurdaspur, for an offence punishable under sections 323, 406 and 498-A IPC read with section 34 IPC.
Learned counsel for the petitioner submits that the parties were sent to mediation centre of this court where they have reached a compromise. He referred me in this regard to a document dated 28.8.2012 prepared by the Mediator which supports the submission of learned counsel for the petitioner with regard to the compromise. He further submits that the parties are living together after this compromise. He lastly submits that the petitioner has joined the investigation.
Crl. Misc. No.M-15639 of 2012 =2=
Learned State counsel, on instructions from ASI Kamaljit Singh, admits that the petitioner has joined the investigation. She also admits that the parties have reached a settlement and that they are now living together.
In this view of the matter, the petitioner is entitled to pre-arrest bail. Consequently, the petition is allowed and order dated 24.5.2012 granting interim anticipatory bail to the petitioner is made absolute.
October 01,2012 ( VIJENDER SINGH MALIK ) Jiten JUDGE
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail in light of the settlement and resumption of cohabitation.
Whether interim anticipatory bail granted earlier should be made absolute in the disposition of the bail application.
Simratpal Singh
State of Punjab
Vijender Singh Malik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
