High CourtsSingle Bench(2020) 12 P&H CK 0064

Gurpreet Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 3 December 2020

HON’BLE JUDGES
Sant Parkash, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 22359 Of 2020

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Judgment

13 paragraphs · 221 words

Sant Parkash, J

[The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court.]

Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.165 dated 10.07.2020 registered under Section 498-A IPC at Police

Station Model Town, District Hoshiarpur.

As per the last order dated 27.10.2020 passed by this Court, it is evidently clear that the petitioner has joined the investigation. This fact is fairly

conceded by the learned counsel for the State that after joining the investigation by the petitioner, he is not required for any further investigation.

The request for granting of anticipatory bail to the petitioner is opposed by the learned counsel for complainant/respondent No.2 on the ground that

recovery of the dowry articles is yet to be effected. This submission of learned counsel for complainant/respondent No.2 is totally misplaced and

misconceived. The present case pertains to the offence under Section 498-A IPC and is not under Section 406 IPC where the entrustment of articles

is mandatorily required to be made to the person, by whom, it is misappropriated.

Since the petitioner has joined the investigation and he is not required for any further investigation, the interim order dated 11.08.2020 is made absolute,

subject to the conditions as contained in Section 438(2) Cr.P.C.

Petition stands allowed.