Charan Singh Jaswal and Another vs State of Punjab

Ram Chand Gupta, J.—The present petition has been filed for anticipatory bail u/s 438 of Code of Criminal Procedure in FIR No. 57 dated 21.03.2013 under Sections 406 and 498A of Indian Penal Code, registered at Police Station Mataur, District SAS Nagar Mohali. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, SAS Nagar, Mohali dismissing anticipatory bail application filed on behalf of the petitioners.

Coordinate Bench of this Court while issuing notice of motion on 06.06.2013 passed the following order:-

Notice of motion for 13.8.2013.

In the meantime, in the event of arrest, the petitioners are ordered to be released on interim bail on furnishing of bail bonds to the satisfaction of SHO/Investigating Officer, on compliance of the conditions envisaged in Section 438(2) Cr.P.C. and on joining the investigation.

It has been contended by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 06.06.2013. It has been further contended that they used to reside separate from complainant and her husband i.e. on the first floor of the house and having no concern with the matrimonial life of complainant and her husband. It is further contended that husband of the complainant has already been arrested and released on regular bail and that most of the dowry articles have already been recovered from the husband. It is also contended that even as per the allegations in the FIR, only one golden chain and golden ring have been entrusted to the present petitioners, which have already been recovered.

This factual position has not been disputed by learned counsel for the State. However, bail application has been opposed on the ground that some of the golden ornaments are yet to be recovered.

There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of petitioners Charan Singh Jaswal and Harmohinder Kaur is accepted and order dated 06.06.2013 granting interim bail in favour of the petitioners is, hereby, made absolute subject to compliance of conditions specified u/s 438(2) Cr.P.C. The present petition stands disposed of accordingly.