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(2023) Law Today Live Doc. Id. 17458
Decided on: 09.01.2023
For Petitioner(s):
Dr. Joseph Aristotle, Adv. Mr. Raj Kishor Choudhary, AOR Dr. Khushbir Singh Bhullar, Adv. Mr. Shakeel Ahmed, Adv. Mr. Anupam Bhati, Adv. Mr. Pamarty Venkataramana, Adv. Mr. Nakul Chaudhary, Adv.
For Respondent(s):
Ms. Kirti Ahuja, Adv. Mr. Ajay Pal, AOR Mr. Mayank Dahiya, Adv. Mr. Anilendra Pandey, AOR Ms. Priya Kashyap, Adv. Ms. Kumari Bandana, Adv.
Indian Penal Code, 1860 (45 of 1860), Sections 376, 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Rape -- Petitioner married the complainant though he had not obtained a divorce from a prior marriage – Charge-sheet submitted, after investigation – Interim stay confirmed -- In the event of the arrest, petitioner ordered to be released on bail.
(Para 1-5)
ORDER
1. The petitioner has been denied anticipatory bail by an order dated 22 January 2020 of a Single Judge of the High Court of Punjab and Haryana in connection with FIR No 150 dated 7 December 2019 registered at Police Station Dhariwal, District Gurdaspur for offences punishable under Sections 420 and 376 of the Indian Penal Code 1860.
2. The case against the petitioner is that he married the complainant in 2019 though he had not obtained a divorce from a prior marriage.
3. The petitioner was protected by an order dated 13 February 2020 of this Court when, while issuing notice, an interim stay of arrest was granted.
4. Counsel appearing on behalf of the State of Punjab states that the charge-sheet has been submitted, after investigation.
5. In the above circumstances, we confirm the order dated 13 February 2020 by directing that, in the event of the arrest of the petitioner, he shall be released on bail, subject to such terms and conditions as may be imposed by the trial court.
6. The Special Leave Petition is accordingly disposed of.
7. Pending application, if any, stands disposed of.
Order accordingly.
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