The Single Judge dismissed the second application for pre-arrest bail in a case involving allegations of dowry harassment. The court held that the wife's departure from the matrimonial home sufficed as cruelty, and granting bail would cause further injury to the complainant regardless of the petitioner's compliance with interim orders.
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.
Raj Kumar Arora 2013.09.05 15:59 I attest to the accuracy and integrity of this document
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-28601 of 2013 (O&M). Date of Decision: September 2, 2013.
Sanjeev Kumar
.……Petitioner
Versus
State of Punjab
…Respondent
CORAM:HON’BLE MR. JUSTICE M.M.S. BEDI
PRESENT
Mr.Rajan Singh Dadwal, Advocate, for the petitioner.
M.M.S. BEDI, J (ORAL)
Petitioner-husband whose wife along with minor child has been compelled to stay with her parents, has filed this second application for pre-arrest bail earlier having been dismissed on 6.11.2012. Petitioner claims that on account of changed circumstances i.e. he having returned the dowry articles and having joined investigation, pursuant to interim orders passed in his favour in his earlier application for the grant of pre-arrest bail, he is entitled to file second application.
I have heard the learned counsel for the petitioner and reconsidered the facts and circumstances. There are allegations of cruelty against the petitioner. The mere circumstance that the complainant along with her minor child is compelled to leave the matrimonial home and stay away, is sufficient enough to constitute offence under Section 498-A IPC. Allowing the second application of the petitioner in above said circumstances will add insult to the injury already suffered by the complainant.
Dismissed.
September 2, 2013.
Raj Kumar Arora 2013.09.05 15:59 I attest to the accuracy and integrity of this document
rka
3 issues framed by the court
Whether a second application for pre-arrest bail should be allowed when the petitioner allegedly returned dowry articles and joined investigation.
Whether forcing the petitioner to face trial despite his wife's departure from the matrimonial home amounts to an invitation to cruelty under Section 498-A IPC.
If allowing the bail application would cause additional insult to injury to the complainant.
Sanjeev Kumar
State of Punjab
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
