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Charan Singh Jaswal & Anr. v. State of Punjab

Punjab & Haryana HC23 Oct 2013CRM-M/19366/2013

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the High Court of Punjab and Haryana accepted an application for anticipatory bail. The court made absolute an interim bail order granted earlier, directing compliance with statutory conditions, without expressing an opinion on the merits.

What did the court decide?

Anticipatory bail application accepted; interim bail order made absolute subject to conditions under Section 438(2) Cr.P.C.

Charan Singh Jaswal & Anr. Vs State of Punjab — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-19366 of 2013 (O&M)

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Date of Decision: October 23, 2013.

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Charan Singh Jaswal and another

...... PETITIONER(s)

Versus

State of Punjab

...... RESPONDENT (s)

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CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Mr. R.K. Handa, Advocate for the petitioners.

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Mr. Deepak Garg, A.A.G., Punjab.

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RAM CHAND GUPTA, J.(Oral)

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The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.57 dated 21.03.2013 under Sections 406 and 498-A of Indian Penal Code, registered at Police Station Mataur, District SAS Nagar Mohali.

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I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, SAS Nagar, Mohali dismissing anticipatory bail application filed on behalf of the petitioners.

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Coordinate Bench of this Court while issuing notice of motion

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on 06.06.2013 passed the following order:-

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Mehta Sachin 2013.10.24 10:58 I attest to the accuracy and integrity of this document CHANDIGARH

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CRM No.M-19366 of 2013

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“Notice of motion for 13.8.2013.

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In the meantime, in the event of arrest, the petitioners are ordered to be released on interim bail on furnishing of bail bonds to the satisfaction of SHO/Investigating Officer, on compliance of the conditions envisaged in Section 438(2) Cr.P.C. and on joining the investigation.”

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It has been contended by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 06.06.2013. It has been further contended that they used to reside separate from complainant and her husband i.e. on the first floor of the house and having no concern with the matrimonial life of complainant and her husband. It is further contended that husband of the complainant has already been arrested and released on regular bail and that most of the dowry articles have already been recovered from the husband. It is also contended that even as per the allegations in the FIR, only one golden chain and golden ring have been entrusted to the present petitioners, which have already been recovered.

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This factual position has not been disputed by learned counsel for the State. However, bail application has been opposed on the ground that some of the golden ornaments are yet to be recovered.

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There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

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Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on

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Mehta Sachin 2013.10.24 10:58 I attest to the accuracy and integrity of this document CHANDIGARH

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CRM No.M-19366 of 2013

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behalf of petitioners Charan Singh Jaswal and Harmohinder Kaur is accepted and order dated 06.06.2013 granting interim bail in favour of the petitioners is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C.

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The present petition stands disposed of accordingly.

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October 23, 2013.

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( RAM CHAND GUPTA ) JUDGE

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Sachin M.

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Mehta Sachin 2013.10.24 10:58 I attest to the accuracy and integrity of this document CHANDIGARH

Charan Singh Jaswal & Anr. v. State of Punjab

Case brief

What is this about?

What did the court decide?

Charan Singh Jaswal & Anr. v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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