Crl. Misc. No.M-18353 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-18353 of 2010 Date of Decision: July 25, 2011 Malkiat Singh …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Proxy counsel for the petitioner. Mr. Arshvinder Singh, Addl. A.G., Punjab. Mr. R.N. Singal, Advocate for the complainant. -.- M.M.S. BEDI, J. (ORAL) Petitioner seeks the concession of pre-arrest bail in a case of cruelty registered at the instance of his mother-in-law Rachhpal Kaur The application for pre-arrest bail filed by the petitioner was dismissed by the Additional Sessions Judge, Patiala, on the ground that recovery of motorcycle and cash of ` 1.25 lacs besides other dowry articles are yet to be recovered. The petitioner has claimed that he has joined investigation. Crl. Misc. No.M-18353 of 2010 [2] Counsel for the complainant has opposed the petition for pre- arrest bail, inter-alia arguing that there are no chances of reconciliation or resumption of cohabitation but in case lumpsum amount of `10 lacs as one time settlement is paid to the complainant, the parties can amicably resolve the dispute by getting divorce by mutual consent. After taking into consideration all the facts and circumstances of the case, I do not deem it appropriate to dismiss the petition for pre-arrest bail of the petitioner solely on the ground that a sum of ` 1.25 lacs paid in cash to the petitioner is required to be recovered alongwith other dowry articles and motorcycle but the liberty of the petitioner can be protected besides providing some safeguard to the rights of Jasmeet Kaur. Petition is allowed and it is ordered that in case of arrest of the petitioner, he will be released on bail to the satisfaction of the arresting officer subject to the following conditions:- i) that the petitioners will join investigation as and when required by the investigating officer; ii) he will not tamper with the evidence or hamper the investigation in any manner; iii) he will pay a sum of ` 2 lacs in lieu of the cash and dowry articles which are claimed by the complainant having not been recovered. The amount of ` 2 lacs will be paid by October 22, 2011 in the shape of bank draft in the name of the complainant to the investigating officer. Crl. Misc. No.M-18353 of 2010 [3] Investigating officer will hand over the said bank draft to the complainant. The said amount will be adjustable at the time of any final amicable settlement. It is made clear that in case of violation of any of the abovesaid conditions, the complainant or the prosecution agency will approach this Court again for the cancellation of the bail. July 25, 2011 (M.M.S.BEDI) sanjay JUDGE