Justice K.C. Puri granted regular bail to the petitioner in a criminal matter involving allegations of forced marriage and property damage arising from a family dispute, noting the petitioner had been in custody for over fourteen months.
Petitioner ordered to be released on bail after furnishing surety bonds to the satisfaction of the trial Court.
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.
CRM NO. M-22473 OF 2012(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM NO. M-22473 OF 2012(O&M) DECIDED ON : 14.09.2012
Mandeep Singh
...Petitioner
versus
State of Punjab
...Respondent
CORAM : HON'BLE MR. JUSTICE K. C. PURI
Present : Mr. Sunil Chadha, Advocate, for the petitioner.
Mr. Jasdev Singh Brar, AAG, Punjab.
K. C. PURI, J. (ORAL)
Mandeep Singh has applied for grant of regular bail in case FIR No. 18 dated 01.02.2011 under Sections 365/ 452/ 324/ 323/ 427/ 506/ 148 and 149 of the Indian Penal Code (Sections 363 and 367 added later on) registered at Police Station Shimlapuri, District Ludhiana.
As per allegations of the prosecution, Maninder Kaur aged about 28 years M.A. B.Ed was running a school and was engaged with the petitioner. The marriage was decided to be solemnized on 11.02.2011. However, a few days before the scheduled date of marriage, the complainant family approached the petitioner to postpone the marriage on account that son of
CRM NO. M-22473 OF 2012(O&M)
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the complainant was in Australia and he could not get the requisite visa. It is further alleged that the petitioner along with 6-7 persons forcibly entered into the house of complainant and damaged the property. It is further alleged that the petitioner along with others forcibly took away Maninder Kaur-daughter of the complainant.
The petitioner along with his younger brother and sister had applied for grant of bail and this Court vide order dated 06.05.2011 passed in CRM No. M-10706 of 2011 granted bail to the younger brother and sister of the petitioner. However, the petition for grant of bail to the petitioner was postponed and it was observed by this Court that it would desirable to consider his request for bail after the complainant and victim Maninder Kaur are examined before the trial Court. Now the complainant has been examined and Maninder Kaur has also been partly crossexamined. Her further cross-examination has been deferred as she has not appeared before the trial Court on the last date of hearing.
The next date stated to be fixed before the trial Court is 05.11.2012. Learned counsel for the petitioner has relied upon Annexure P-5, the request made to Commissioner of Police, Ludhiana dated 03.02.2011 in which it is mentioned that marriage has taken place between petitioner and Maninder Kaur. He has also relied upon Annexure P-7 Court Marriage Deed depicting marriage between the petitioner and Maninder Kaur. It
CRM NO. M-22473 OF 2012(O&M)
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would not be in the interest of justice to comment upon these documents, at this stage, as the authenticity of these documents has been challenged by the prosecution.
The petitioner is in custody since 04.02.2011 i.e more than one year and seven months. So, I deem it a fit case to allow the concession of regular bail to the petitioner.
Consequently, the petition stands allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds to the satisfaction of trial Court.
SEPTEMBER 14, 2012 shalini
(K. C. PURI) JUDGE
3 issues framed by the court
Whether the petitioner is eligible for regular bail after being in custody for over a year and seven months in a matrimonial dispute FIR.
Whether the change in matrimonial circumstances warrants granting bail despite the authenticity of supporting documents being challenged.
Whether the case falls within the category of fit cases for granting regular bail under the Prevention of Atrocities Act provisions.
2 provisions across 1 enactments
Mandeep Singh
State of Punjab
K. C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
