The petitioner sought pre-arrest bail for offences under sections 406 and 498-A IPC. The court allowed the petition noting a compromise, partial payment, and pending divorce proceedings.
Petitioner granted pre-arrest bail; if arrested, to be released on bail subject to conditions under Section 438(2) CrPC.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No.M-6354 of 2012 Date of Decision: 12.9.2012 ***
Rahul Thukral
... Petitioner
vs.
State of U.T. Chandigarh & Anr.
... Respondents
CORAM:HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present:Mr. A.D.S. Sukhija, Advocate for the petitioner.
Mr. J.S. Toor, APP, U.T. Chandigarh.
Mr. Vivek Lamba, Advocate for respondent no.2.
VIJENDER SINGH MALIK,J(ORAL)
Rahul Thukral, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 85 dated 25.2.2012 at Police Station Sector 34, Chandigarh, for an offence punishable under sections 406 and 498-A IPC.
Learned counsel for the petitioner submits that under compromise dated 7.3.2012, a sum of Rs.13 lacs is settled to be paid by the petitioner to respondent no.2, out of which a sum of Rs.6.5 lacs has already been paid. According to him, a petition for quashing of the FIR has already been filed and the matter of divorce is pending before learned District Judge, Chandigarh. According to him, the petitioner has already joined the investigation.
Crl. Misc. No.M-6354 of 2012 =2=
Learned counsel on the other side have not disputed the factual submissions made by learned counsel for the petitioner. There is no objection on their part to the making of order of anticipatory bail on account of compromise.
Keeping in view the fact that the parties have reached a compromise, I find the petitioner to be entitled to prearrest bail. Consequently, the petition is allowed. In the event of his arrest, the petitioner shall be released on bail to the satisfaction of the arresting/investigating officer subject to the conditions laid down in section 438 sub section 2 clauses (i)(ii) and (iii) of the Code of Criminal Procedure.
September 12,2012 ( VIJENDER SINGH MALIK ) Jiten JUDGE
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail given the existence of a compromise and no objection by the respondents.
1 provisions across 1 enactments
Rahul Thukral
State of U.T. Chandigarh
VIJENDER SINGH MALIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
