Wednesday, October 2, 2013

P&H HC; Husband's parents &uncle get bail as they join investigation! beware !! Police, Court & Jails are there to support your wife

P & H HC; Husband's parents and uncle granted bail as they joined investigation !! 

This is an important Learning for Indian husbands : When you get married in India, you are NOT getting married to just a woman..... Police, Court & Jails are there to support your wife.... do NOT think it is a cakewalk 



Notes
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* Wife has made serious allegations of dowry, torture etc 
* elderly parents and uncle run for bail
* husband already arrested !! and granted regular bail
* husband's parents and uncle are running for bail now !!
* they are also granted bail 


*****************************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 Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo .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.
 
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CASE FROM JUDIS / INDIAN KANOON WEB SITE 
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Criminal Misc. No.M-15499 of 2013

Date of Decision: 23rd August,2013

Bachan Lal @ Bachan Ram & Others ...Petitioners
Versus 
State of Punjab  ...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI 

Present: Mr.H.S.Sullar, Advocate, for the petitioners.
Mr.K.S.Pannu, DAG, Punjab. 
Mr.J.S.Saneta, Advocate, for respondent No.2.

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Naresh Kumar Sanghi, J.

Prayer in this petition is for grant of anticipatory bail to the petitioners, namely, Bachan Lal @ Bachan Ram, Palo Devi and Jogpal Singh, who have been booked for having committed the offences punishable under Sections 406, 498-A and 506, IPC, in a case arising out of FIR No.13, dated 15.02.2013, registered at Police Station, Women Cell, Patiala. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

Learned counsel contends that petitioner Nos.1 and 2 are the parents-in-law while petitioner No.3 is the maternal uncle (mama) of the husband of respondent No.2/complainant; that Yashpal Sharma, husband of respondent No.2/complainant, has already been arrested and granted bail by the court below; that most of the alleged dowry articles have been recovered by the Sharma Seema Investigating Agency from the husband of respondent No.2/complainant; and that in compliance of the order dated 10.05.2013 passed by this Court, the petitioners have joined the investigation and no more required by the Investigating Agency. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

Learned counsel for the State, on instructions from ASI Manjit Singh, Police Station, Women Cell, Patiala, very fairly concedes that the petitioners have joined the investigation but all the dowry articles have not been recovered from them. Learned counsel for the complainant has vehemently opposed the grant of anticipatory bail to the petitioners on the ground that the dowry articles have not been recovered. Heard.

Petitioner Nos.1 and 2 are the parents-in-law while petitioner No.3 is the maternal uncle (mama) of the husband of respondent No.2/complainant. The husband of respondent No.2/ complainant has already been arrested and granted bail by the court of competent jurisdiction. Certain dowry articles have already been recovered from the husband of respondent No.2/complainant. The petitioners have joined the investigation and no more required by the Investigating Agency as per the statement suffered by the learned counsel for the State. 

Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed and the order dated 10.05.2013 whereby the arrest of the petitioners was stayed, is made absolute. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

The petitioners shall continue to join the investigation Criminal Misc. No.M-15499 of 2013 ...3.. as and when required to do so and abide by all the conditions laid down under Section 438(2), Cr.P.C.

August 23, 2013 

(Naresh Kumar Sanghi) Judge


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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