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Paviter Pal Singh vs State of Punjab and another

Punjab And Haryana At Chandigarh · Decided on 2 February 2017 · Citation: (2017) 02 P&H CK 0261

HON’BLE JUDGES
Jitendra Chauhan
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-438>Section 438</a> - Direction for grant of bail to person apprehending arrest · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-498A>Section 498A</a> - Husband or relative o
RESULT
Allowed
CASE NUMBER
17401 of 2016 (O&M)
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Judgment

22 paragraphs · 243 words
1.

By filing the present petition under Section 438 of the

Code of Criminal Procedure, the petitioner has sought anticipatory

bail in FIR No.19 dated 09.04.2016, registered under Section 498-A

of IPC and Section 4 of Dowry Prohibition Act, at Police Station

Ghanie Ke Bangar, District Batala.

2.

On 24.05.2016, this Court had passed the following

order:-

"On oral request, the petitioner is permitted to implead the complainant as respondent-party. Amended memo of parties be filed and thereafter notice of motion be issued, returnable for 09.08.2016. In the meanwhile, the petitioner is directed to join the

investigation and if he is sought to be arrested, he shall be released on bail to the satisfaction of the arresting/investigating officer subject to the conditions laid down in section 438 sub section 2 clauses (i)(ii) and (iii) of the Code of Criminal Procedure."

3.

It is contended that in pursuance of the order dated

24.05.2016, the petitioner has joined the investigation. He further

states that there are chances of amicable settlement between the

parties.

4.

The learned State counsel, on instructions submits that

the petitioner has joined the investigation and he is not required for

custodial interrogation.

In view of the above, without expressing any opinion on

the merits of the case, the interim bail granted by this Court vide

order dated 24.05.2016, is made absolute, subject to furnishing bail

bonds/surety bonds to the satisfaction of learned Chief Judicial

Magistrate/Duty Magistrate, concerned.

The petition stands allowed.