Thursday, August 15, 2013

FIR Feb'13; MIL gets AB Apr '13; aftr hubs arrested &released MIL gets AB confirmed May'13; P&H HC; Suddenly 9 toals gold recovery crops up !!!!

FIR Feb'13; MIL gets AB Apr '13; aftr hubs arrested &released MIL gets AB confirmed May'13; P&H HC; Suddenly 9 toals gold recovery crops up !!!! men who get married think of ONLY pomp and show, sex etc !! high time men start thinking of arrest, bail, allegations of violence etc 
  
NOTES
***************************
Quoting the Hon HC : "...Keeping in view the fact that the petitioner has joined the investigation, I find the petitioner to be entitled to pre arrest bail. Consequently, the petition is allowed and order dated 11.4.2013 granting interim anticipatory bail to the petitioner is made absolute....."


********************************************************************************
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-11894 of 2013
********************************************************************************
Date of decision:-30.05.2013
Jagjit Kaur Petitioner
Versus
State of Punjab Respondent
********************************************************************************
CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present:- Mr. Sudhir Sharma, Advocate for the petitioner.
Mr. Amit Chaudhary, DAG Punjab.
********************************************************************************
  
VIJENDER SINGH MALIK J.(Oral)
  
Jagjit Kaur, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 21 dated 23.2.2013, under Sections 498-A and 406 IPC, at Police Station Bullowal, Tehsil and District Hoshiarpur. 

Learned counsel for the petitioner submits that the petitioner is mother-in-law of the complainant. According to him, there is no allegation in the FIR against the petitioner of having demanded dowry from the complainant. According to him, the only allegations against the petitioner is of apprehension to the life of the complainant at the hands of the petitioner. He further submits that this allegation is highly vague because there is no other fact given in the FIR, on the basis of which it would be believed that she was apprehending danger to her life at the hands of the petitioner.
  
Learned counsel for the petitioner further submits that the husband of the complainant is a drug addict and all the allegations in the FIR are against him. According to him, the husband of the complainant was taken in custody by the police and has been released on bail yesterday.
  
Learned counsel for the State, on the other hand admits that the petitioner had joined the investigation. According to him, the recovery of 09 tolas of gold is yet to be effected.
  
  
A perusal of the FIR would show that the allegations against the petitioner regarding dowry are not there. The only allegation of apprehension to the life of the complainant at the hands of the petitioner may not be acceptable in the absence of details. The husband of the complainant, against whom the allegations are made in the FIR, has been released on regular bail.
  
Keeping in view the fact that the petitioner has joined the investigation, I find the petitioner to be entitled to be entitled to pre arrest bail. Consequently, the petition is allowed and order dated 11.4.2013 granting interim anticipatory bail to the petitioner is made absolute.
  
May 30, 2013 
  
( VIJENDER SINGH MALIK )
  
JUDGE
  

Vijay Asija 
  

  

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
******************************************************************
CASE FROM JUDIS DOT NIC / P & H HC WEB SITE 
******************************************************************
  

  
***************************
  
FOLLOW 
@ATMwithDick on twitter or 
http://evinayak.tumblr.com/ (recent blog so recent cases ) 
FOR 100s of high court and supreme court cases
  

regards
  
Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist