Friday, August 16, 2013

Vague allegations n 498a case. 1st Police made closure report, later changed stand. Husband granted absolute . Bail granted EVEN though opposite party says stridan artilces NOT returned !!


Vague allegations n 498a case. 1st Police made closure report, later changed stand. Husband granted absolute . Bail granted EVEN though opposite party says stridan artilces NOT returned !!
  
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-12077 of 2013
Date of decision:-30.05.2013
Jaswinder Singh ...Petitioner
Versus
State of Punjab ...Respondent
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CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present:- Mr. Veneet Sharma, Advocate for the petitioner.
Mr. Amit Chaudhary, DAG Punjab.
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VIJENDER SINGH MALIK J.(Oral)
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Jaswinder Singh, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 26 dated 04.2.2012, under Sections 406 and 498-A IPC, at Police Station Moga City, District Moga.
  
Learned counsel for the petitioner submits that earlier the police had prepared cancellation report in the matter and on the submission of learned State counsel that cancellation report has been submitted, the earlier petition for pre-arrest bail was got dismissed as having become infructuous. 
  
According to him, after further investigation, now the police is raiding the house of the petitioner for his arrest. 
  
He further submits that there is no specific allegation against the petitioner in the FIR. He further submits that the cancellation report itself mentions return of dowry articles. He further submits that the petitioner has now joined the investigation.
  
Learned counsel for the State submits on the other hand that the cancellation report was prepared but the D.A. (Legal) had raised objection to the same. According to him, only Tata Safari given in the marriage was returned and no other article stood returned. According to him, there are allegations against the petitioner of demanding dowry and harassing the complainant.
  
A perusal of the FIR would show that the allegations are general in nature and are levelled collectively against all the in-laws. There is no specific allegation of demand of dowry against the petitioner. The fact that the cancellation report had been prepared and on the statement of the State counsel to that effect, earlier petition was dismissed as having become infructuous, the petitioner who has joined the investigation, is found entitled to pre-arrest bail. Consequently, the petition is allowed and order dated 12.4.2013 granting interim anticipatory bail to the petitioner is made absolute.
  
May 30, 2013 
  
( VIJENDER SINGH MALIK )
  
JUDGE
  
Vijay Asija 
  


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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