High CourtsSingle Bench

Rajpal Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 24 October 2019 · Citation: (2019) 10 P&H CK 0206

HON’BLE JUDGES
Anil Kshetarpal, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 420 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 37606, 38181, 39036 Of 2019 (O&M)
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Judgment

32 paragraphs · 684 words

Anil Kshetarpal, J

By this common order, three petitions bearing CRM-M-37606- 2019, CRM-M-38181-2019 and CRM-M-39036-2019 shall stand disposed of.

On 06.09.2019, after noticing the contention of learned counsel for the petitioner, following order was passed by this Court in CRM-M- 37606-2019:-

"Petitioner prays for grant of pre-arrest bail in FIR No.160, dated 17.07.2019, registered under Sections 420/120-B IPC, at Police Station Lopoke, District Amritsar Rural.

Learned counsel for the petitioner submits that the petitioner was only a mediator in the marriage between son of the first informant with one Ranjit Kaur. He submits that bridegroom after marriage had gone abroad and confirmation for grant of visa to the husband was got issued on 20.03.2011. He submits that FIR in question has been got registered after a period of 9 years only to falsely implicate the petitioner and other accused.

Notice of motion for 24.10.2019.

On asking of the Court, Mr. Bhupender Beniwal, AAG, Punjab, accepts notice on behalf of the State. Copy of the petition be handed over to Mr. Bhupender Beniwal, AAG, Punjab, during the course of the day.

Mr. Vishva Bahl, Advocate, puts in appearance and accepts notice on behalf of the complainant.

In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C."

On 09.09.2019, following order was passed by this Court in CRM-M-38181-2019:-

"Petitioner prays for grant of pre-arrest bail in FIR No.160 dated 17.07.2019 registered under Sections 420/120-B IPC at Police Station Lopoke, District Amritsar Rural.

Learned counsel for the petitioner relies upon order passed by this Court on 06.09.2019 in CRM-M-37606-2019 in the case of co-accused.

Notice of motion.

On asking of the Court, Mr. Bhupender Beniwal, AAG, Punjab accepts notice on behalf of State of Punjab and seeks time to get instructions.

Let a copy of the paper book be supplied to the learned counsel for the State during course of the day.

Adjourned to 24.10.2019.

In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C.

To be heard alongwith CRM-M-37606-2019."

On 13.09.2019, following order was passed by this Court in CRM-M-39036-2019:-

"Petitioner prays for grant of anticipatory bail in FIR No.160 dated 17.07.2019 registered under Sections 420/120-B of the Indian Penal Code at Police Station Lopoke, District Amritsar

Rural. Learned counsel for the petitioner relies upon orders dated 06.09.2019 in CRM-M-37606-2019 and dated 09.09.2019 in CRM-M38181-2019, passed by this Court, concerning co-accused of the petitioner.

Notice of motion.

On asking of the Court, Mr. Bhupender Beniwal, AAG, Punjab accepts notice on behalf of State of Punjab and seeks time to get instructions.

Adjourned to 24.10.2019.

In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C.

To be heard alongwith CRM-M-37606-2019."

Learned counsel for the petitioner submits that there is a typographical error in the order dated 06.09.2019 passed in CRM-M-37606- 2019 as in second para, word should have been bride and not bridegroom.

The aforesaid correction is ordered.

Learned counsel appearing for the first informant has strongly opposed the prayer for pre-arrest bail.

Learned counsel for the State, on instructions from ASI Daljit Singh, has submitted that petitioners have joined investigation, cooperated and not required for further custodial interrogation.

In view thereof, interim orders dated 06.09.2019 passed in CRM-M-37606-2019, dated 09.09.2019 passed in CRM-M-38181-2019 and dated 13.09.2019 passed in CRM-M-39036-2019, are made absolute.

Accordingly, all the petitions are allowed.