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(2020) Law Today Live Doc. Id. 15681 = 2020 L.A.R. (e-Suppl.) 2119
Decided on: 03.12.2020
Present:
Mr. K.S. Dadwal, Advocate, for the petitioner.
Mr. Bhupinder Beniwal, AAG, Punjab.
Mr. Piyush Khanna, Advocate for respondent No.2/complainant
Indian Penal Code, 1860 (45 of 1860), Section 498-A – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail – Recovery of dowry article – Requirement of -- Bail opposed by complainant on the ground that recovery of the dowry articles is yet to be effected -- Submission is totally misplaced and misconceived, case pertains to the offence u/s 498-A IPC and is not u/s 406 IPC where the entrustment of articles is mandatorily required to be made to the person, by whom, it is misappropriated – Petitioner has joined the Investigation, no more required for further Investigation -- Interim order made absolute.
(Para 3,4)
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SANT PARKASH, J. –
[The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court.]
1. Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.165 dated 10.07.2020 registered under Section 498-A IPC at Police Station Model Town, District Hoshiarpur.
2. As per the last order dated 27.10.2020 passed by this Court, it is evidently clear that the petitioner has joined the investigation. This fact is fairly conceded by the learned counsel for the State that after joining the investigation by the petitioner, he is not required for any further investigation.
3. The request for granting of anticipatory bail to the petitioner is opposed by the learned counsel for complainant/respondent No.2 on the ground that recovery of the dowry articles is yet to be effected. This submission of learned counsel for complainant/respondent No.2 is totally misplaced and misconceived. The present case pertains to the offence under Section 498-A IPC and is not under Section 406 IPC where the entrustment of articles is mandatorily required to be made to the person, by whom, it is misappropriated.
4. Since the petitioner has joined the investigation and he is not required for any further investigation, the interim order dated 11.08.2020 is made absolute, subject to the conditions as contained in Section 438(2) Cr.P.C.
5. Petition stands allowed.
Petition allowed.
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