High Court of Punjab and Haryana accepted this petition for anticipatory bail under Section 438 Cr.P.C. regarding dowry-related allegations, making interim bail absolute subject to investigation cooperation.
Petition for anticipatory bail accepted; interim bail made absolute subject to Section 438(2) Cr.P.C. conditions.
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.
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CRM No.M-16926 of 2013(O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-16926 of 2013(O&M) Date of Decision:28.05.2013
Rameshwar Dass and another .....Petitioners
Versus
State of Haryana .....Respondent
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.
Present: Mr.Vivek Khatri, Advocate, for Mr.Chand Ram Olla, Advocate, for the petitioners.
Mr.Gourav Verma, Assistant Advocate General, Haryana, for the respondent-State.
MEHINDER SINGH SULLAR , J.(oral)
Petitioners-Rameshwar Dass son of Ramji Lal and his wife Lajwanti, unfortunate parents-in-law of complainant-Suman, have preferred the instant petition for the grant of anticipatory bail in a case registered against them along with their son and main accused Sanjay Kumar, vide FIR No.362 dated 02.05.2013, on accusation of having committed the offences punishable under Sections 498-A, 406, 323 and 506 IPC, by the police of Police Station City Hansi, District Hisar, invoking the provisions of Section 438 Cr.P.C.
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CRM No.M-16926 of 2013(O&M)
order was passed by this Court on 20.05.2013:-
“The learned counsel, inter alia, contended that the marriage of Sanjay Kumar, son of the petitioners, was solemnized with complainant Suman on 19.11.2003. The petitioners are her parents-in-law. Very vague & general allegations of cruelty in connection with and on account of demand of dowry are assigned to them. The argument is that the main allegations of cruelty in connection with and on account of demand of dowry are assigned to Sanjay Kumar, main accused and son of the petitioners, who was arrested, interrogated by the police and was allowed the concession of regular bail by the Magistrate on 17.05.2013.
Heard.
Notice of motion be issued to the respondent, returnable for 28.05.2013.
Meanwhile, the petitioners are directed to join the investigation before the next date of hearing. In the event of their arrest, the Arresting Officer would admit them to bail on their furnishing adequate bail and surety bonds in the sum of Rs.25,000/- each to his satisfaction.”
CRM No.M-16926 of 2013(O&M) 3
Court, by virtue of order dated 20.05.2013, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C.
Needless to mention that, in case, the petitioners do not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of their bail, in this regard.
May 28, 2013 ( M EHINDER S INGH S ULLAR) seema JUDGE
1 issue framed by the court
Whether to grant anticipatory bail under Section 438 Cr.P.C. to petitioners accused of dowry and cruelty offences.
2 provisions across 1 enactments
Rameshwar Dass
State of Haryana
Mehender Singh Sullar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
