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(2021) Law Today Live Doc. Id. 16494
Decided on: 16.07.2021
Present:
Mr. Kunal Vinayak, Advocate for the petitioner.
Mr. Luvinder Sofat, AAG, Punjab.
(through video conferencing)
Indian Penal Code, 1860 (45 of 1860), Sections 498-A, 406, 354-A (Section 377 added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Dowry case – Anticipatory bail – Non-recovery of dowry articles – Effect of – Stated that petitioner has joined the investigation, however, recovery of gold ornaments and a motorcycle, which were given and entrusted to the petitioner and his family at the time of marriage has not been effected – Held, entrustment of gold ornaments as alleged are disputed questions of fact and would be considered at the time of trial -- Petition is allowed and interim order made absolute.
(Para 1-6)
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MANJARI NEHRU KAUL, J. –
1. The present petition has been filed under Section 438 Cr.P.C., for grant of anticipatory bail to the petitioner in case FIR No.294 dated 07.11.2019 under Sections 498-A, 406 and 354-A IPC 1860(Section 377 IPC added later on) registered at Police Station Sadar District Amritsar City.
2. Learned counsel for the petitioner states that pursuant to order dated 08.01.2020, passed by this Court, the petitioner has joined the investigation. This fact is not disputed by the counsel for the State as well.
3. Learned State counsel on instructions from ASI Baldev Singh states that though the petitioner has joined the investigation, however, recovery of gold ornaments and a motorcycle, which were given and entrusted to the petitioner and his family at the time of marriage has not been effected.
4. Heard.
5. The entrustment of gold ornaments as alleged are disputed questions of fact and would be considered at the time of trial.
6. In view of the submissions, the petition is allowed and interim order dated 08.01.2020, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.
Petition allowed.
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