CRM-M 16173 of 2009 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M 16173 of 2009 (O&M) Date of Decision: 4.11.2009 Kashmir Kaur ..Petitioner. Vs. The State of Punjab ..Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.A.K.Walia, Advocate for the petitioner. Mr.K.D.Sachdeva, Addl,AG Punjab for the respondent/State. Mr.Manu Bhandari, Advocate for complainant. RAKESH KUMAR JAIN, J. CRM No.29579 of 2009 Allowed as prayed for. Main Case This order shall dispose of two petitions i.e. CRM M-16173 of 2009 titled as Kashmir Kaur Vs. The State of Punjab and CRM M-16675 of 2009 titled as Harinder Pal Singh Vs. The State of Punjab as they arise out of the same FIR No.186 dated 1.6.2009 registered under Sections 406/498- A IPC at Police Station Tripuri Town, Patiala. Kashmir Kaur had filed anticipatory bail application before the Court below which was dismissed by learned Additional Sessions Judge, Patiala vide her order dated 6.6.2009. Thereafter, she filed the present petition by way of CRM M-16173 of 2009 in which notice of motion was issued on 10.6.2009 and was directed to be released on interim bail subject to her joining the investigation. CRM-M 16173 of 2009 -2- Harinder Pal Singh petitioner in CRM M-16675 of 2009 had filed anticipatory bail before the Court below, which was dismissed by the learned Addl.Sessions Judge, Patiala vide her order dated 13.6.2009. Thereafter, he filed the present petition in which notice of motion was issued on 18.6.2009 and was directed to be released on interim bail. In brief, the allegations contained in the FIR are that the marriage of complainant Rupinder Kaur with Harinder Pal Singh (petitioner in CRM M-16675 of 2009) was solemnised on 28.10.2004. A male child, namely, Gurjashan Singh was born on 24.7.2005. The petitioner Harinder Pal Singh is a constable in IRB. The complainant has alleged that both the petitioners had subjected her to cruelty and harassment for demand of dowry. While arguing the case of Kashmir Kaur, learned counsel for the petitioner has submitted that she is an old widow, suffering from breast cancer and is highly diabetic, therefore, she has been advised surgery of her breast. In respect of the case of Harinder Pal Singh, it is submitted by the counsel for the petitioner that most of the dowry articles have already been recovered worth Rs.2 lacs out of Rs.7 lacs, which is alleged to have been spent on marriage and the petitioner was ready to return another sum of Rs.4 lacs but the said offer has been declined by the complainant. Learned counsel for the respondent has however, argued that Harinder Pal Singh (petitioner in CRM M-16675 of 2009) did not pay the amount of maintenance fixed in the divorce petition as such, the same was dismissed. After hearing the learned counsel for the parties and keeping in CRM-M 16173 of 2009 -3- view the fact that the petitioners have already joined the investigation, the petitioner Kashmir Kaur is an old widow suffering from cancer and most of the dowry articles have been recovered from petitioner Harinder Pal Singh who was even ready for a compromise, I do not find any reason not to grant anticipatory bail to both of them. Hence, the petition is hereby allowed and order dated 10.6.2009 in CRM M-16173 of 2009 and order dated 18.6.2009 in CRM M-16675 of 2009 are hereby made absolute. The petitioners, shall however, keep on joining the investigation as and when called for. They shall also abide by the provision of Section 438(2) Cr.P.C. It is also ordered that nothing observed here-in-above shall be construed to be an expression of opinion on the merits of this case. (Rakesh Kumar Jain) 4.11.2009 Judge Meenu