CourtKutchehry.com
High CourtsSingle Bench

Jemal and Another vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 26 November 2010 · Citation: (2010) 11 P&H CK 0036

HON’BLE JUDGES
S.S. Saron, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 323, 406, 498A, 506
CASE NUMBER
Criminal Miscellaneous No''s. M-35358 and 35814 of 2009
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

8 paragraphs · 322 words

S.S. Saron, J.—Heard learned Counsel for the parties.

2.

The Petitioners Jemal and Smt. Sawari seek pre-arrest bail in two cases registered against them for the offences under Sections 498-A, 406, 323 and 506 IPC.

3.

The Petitioners are the parents-in-law of Sahina and Nazra, who are married to two brothers. The elder son of the Petitioners, namely, Mushtaq is married to Sahina. Their younger son, namely, Nafis is married to Nazra. Both Mushtaq and Nafis are proclaimed offenders. The marriage between Mushtaq and Sahina and between Nafis and Nazra was solemnized on the same day i.e. 24.6.2005. Sahina and Nazra are sisters and Sahina is the elder of the two sisters. Sahina has lodged FIR No. 176 dated 9.10.2009 while Nazra has lodged FIR No. 177 dated 9.10.2009.

3.

In consequence of the interim bail granted by this Court, the learned Counsel for the State, on instructions from ASI Narain Singh, Police Station Nagina, has submitted that whatever articles available with the Petitioners out of the articles, which the complainants allege have been misappropriated, have been recovered on 11.10.2010 from the Petitioners. It is, therefore, submitted that their custody is not required for the purposes of investigation.

4.

Learned Counsel for the complainant has, however, opposed the application. It is submitted that gold ornaments have not been recovered and the recovery is incomplete.

5.

After giving my thoughtful consideration to the matter, it may be noticed that the prosecution does not require the custody of the Petitioners for the purposes of further investigation. Both the sons of the Petitioners are proclaimed offenders. Whatever was available with the Petitioners has been recovered from them. As many as 30 items have been recovered from the Petitioners vide recovery memo dated 11.10.2010.

6.

In the aforesaid facts and circumstances, the interim bail granted to the respective Petitioners vide orders dated 15.12.20009 and 18.12.2009 are made absolute.

7.

The criminal miscellaneous petitions stand disposed of.