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(2022) Law Today Live Doc. Id. 16560
Decided on:28.01.2022
Present:
Mr. B.D. Sharma, Advocate for the petitioner.
Ms. Sakshi Bakshi, AAG, Punjab.
Mr. Naveen Sharma, Advocate for respondent No.2.
Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Indian Penal Code, 1860 (45 of 1860), Sections 406, 498-A – Dowry case – Anticipatory bail -- Petitioner has joined the investigation, however, the gold articles are yet to be recovered -- It is apparent that there are allegations and counter-allegations which is totally a subject matter of the investigation -- Interim bail made absolute.
(Para 6-8)
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RAJESH BHARDWAJ, J. (ORAL) –
1. Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.
2. Prayer in the present petition is for grant of anticipatory bail to the petitioner in case FIR No.132 dated 17.11.2018, under Sections 406, 498-A of Indian Penal Code, 1860, registered at Police Station Women, District Police Commissionerate, District Ludhiana.
3. Vide order dated 29.05.2019 while granting interim protection, the petitioner was directed to join investigation.
4. Learned counsel for the petitioner has submitted that pursuant to order dated 29.05.2019, petitioner has joined the investigation. He submits that it was a simple marriage and there was no gold articles as alleged. As such his interim bail may be made absolute.
5. Learned counsel for the complainant opposes the prayer made by learned counsel for the petitioner tooth and nail and submits that recovery of gold articles is yet to be effected.
6. Learned State counsel, on instructions, affirmed the fact that the petitioner has joined the investigation. However, the gold articles are yet to be recovered.
7. In view of the arguments raised by learned counsel for the parties, it is apparent that there are allegations and counter-allegations which is totally a subject matter of the investigation.
8. In view of the fact that the petitioner has joined investigation, interim order dated 29.05.2019 is made absolute subject to compliance of conditions as envisaged under Section 438(2) Cr.P.C.
9. Petition stands allowed.
Petition dismissed.
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