Petitioner sought pre-arrest bail in a dowry harassment case where FIR alleged only vague apprehension of life. Court granted pre-arrest bail citing lack of specific dowry allegations and fact that she joined investigation.
Granted pre-arrest bail and made absolute interim anticipatory bail order dated 11.4.2013.
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.
Criminal Misc. No. M-11894 of 2013
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-11894 of 2013 Date of decision:-30.05.2013
Jagjit Kaur
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present:Mr. Sudhir Sharma, Advocate for the petitioner.
Mr. Amit Chaudhary, DAG Punjab.
VIJENDER SINGH MALIK J.(Oral)
Jagjit Kaur, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 21 dated 23.2.2013, under Sections 498-A and 406 IPC, at Police Station Bullowal, Tehsil and District Hoshiarpur.
Learned counsel for the petitioner submits that the petitioner is mother-in-law of the complainant. According to him, there is no allegation in the FIR against the petitioner of having demanded dowry from the complainant. According to him, the only allegations against the petitioner is of apprehension to the life of the complainant at the hands of the petitioner. He further submits that this allegation is highly vague because there is no other fact given in the FIR, on the basis of which it would be believed that she was apprehending danger to her life at the hands of the petitioner.
Criminal Misc. No. M-11894 of 2013
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Learned counsel for the petitioner further submits that the husband of the complainant is a drug addict and all the allegations in the FIR are against him. According to him, the husband of the complainant was taken in custody by the police and has been released on bail yesterday.
Learned counsel for the State, on the other hand admits that the petitioner had joined the investigation. According to him, the recovery of 09 tolas of gold is yet to be effected.
A perusal of the FIR would show that the allegations against the petitioner regarding dowry are not there. The only allegation of apprehension to the life of the complainant at the hands of the petitioner may not be acceptable in the absence of details. The husband of the complainant, against whom the allegations are made in the FIR, has been released on regular bail.
Keeping in view the fact that the petitioner has joined the investigation, I find the petitioner to be entitled to be entitled to prearrest bail. Consequently, the petition is allowed and order dated 11.4.2013 granting interim anticipatory bail to the petitioner is made absolute.
May 30, 2013 ( VIJENDER SINGH MALIK ) Vijay Asija JUDGE
3 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail in a case alleging dowry harassment and apprehension of life.
Whether vague allegations of action from the appellant's life support the investigation against her.
Whether the fact that the husband was released on bail and the petitioner joined the investigation warrants granting pre-arrest bail.
2 provisions across 2 enactments
Jagjit Kaur
State of Punjab
VIJENDER SINGH MALIK
As recorded by the court registry
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