Crl. Misc. No. M-20672 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-20672 of 2010 Date of Decision: October 8, 2010 Yashpal Gupta ........Petitioner Versus Jai Shree and another .......Respondents ******* CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR Present: Mr. M.G. Gupta, Advocate, for the petitioner. Mr. V.K. Jindal, Advocate, for respondent No.1. Ms. Priyanka Dalal, AAG, Haryana for respondent-State. 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not ? 3. Whether the judgment should be reported in the Digest ? NIRMALJIT KAUR, J. (ORAL) This is a petition under Section 439(2) Cr.P.C. for cancellation of anticipatory bail in FIR No.211 dated 1.6.2010 under Sections 323,506,406,498A/34 of Indian Penal Code registered at Police Station Sadar Thanesar, granted by learned Addl. Sessions Judge, Kuruksehtra in bail application No.179 of 2010 vide order dated 22.6.2010 (Annexure P-2), whereby respondent No.1 Jai Shree was ordered to release on anticipatory bail. Crl. Misc. No. M-20672 of 2010 2 The only plea raised by the learned counsel for the petitioner is that the dowry articles are still in possession of respondent No.1 and therefore, the bail should be cancelled. Learned counsel for the respondent No.1 has brought to the notice of this Court para 11 of the order passed by the learned Additional Sessions Judge while granting bail wherein it has been held as under :- “After hearing both the sides, I am of the considered opinion that the present application deserves to be allowed. The marriage had taken place more than seven years back. It is not disputed that Sonia and hear husband Vishal accused have their separate ration card and they have been living separately on first floor of the house. The petitioner is the patient of asthma and arthritis and her husband is paralytic and bedridden. On the asking of learned private counsel for the complainant, the petitioner has vowed in open court in the name of her both sons, namely, Vishal and Vipul, by putting her hand on their head and stated that she only has two gold chains and kara with her, which she is ready to return. The petitioner is ready to join the investigation. The husband and dever of Sonia have already been arrested and after recovery of dowry articles, they have since been released on bail. Under the circumstances, this is a fit case to exercise the discretion under section 438 Cr.P.C.” Thus, it is a question of evidence as to whether the dowry articles are still in possession of the respondent or not. Moreover, respondent No.1 has since joined the investigation. He is the father-in-law. Co-accused of the Crl. Misc. No. M-20672 of 2010 3 respondent, i.e. the brother-in-law of the complainant is already granted the concession of anticipatory bail in CRM-M- No. 20770 of 2010. No ground to cancel the anticipatory bail of respondent No.1 is made out. Dismissed. (NIRMALJIT KAUR) October 8, 2010 JUDGE Anand