CRM-M No.36010 of 2010 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.36010 of 2010 (O&M) Date of decision : 16.12.2011 Sandeep Kalsi and another ...... Petitioners v. State of Punjab and another ...... Respondents *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Rajiv Vij, Advocate for the petitioners. Mr. Sumeet Abrol, A.A.G., Punjab. Ms. Upasna Dhawan, Advocate for respondent No.2. *** AJAY TEWARI, J. (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in case F.I.R. No.124 dated 03.09.2010 registered under Sections 323, 498-A, 406 IPC at Police Station Division No.5, Jalandhar. Parties are present in person. On 17.10.2011 the following order was passed:- “Parties are present in person. Learned CRM-M No.36010 of 2010 (O&M) ::2:: counsel for the parties have candidly stated that despite their best efforts they have not been able to settle this dispute. It is neither possible for the parties to live together nor to part ways amicably. However, a limited agreement has been arrived at as per which it has been agreed that in case the petitioner creates a fixed deposit of `2.50 lakhs in favour of the minor daughter Devyanshi, the respondent No.2 would not oppose the petition for bail. Today the petitioner has brought a draft of `1.50 lakhs which is in the name of his wife – respondent No.2 and the same has been handed over to learned counsel for the respondent No.2 in Court itself. Learned counsel for the respondent No.2 on instructions of the wife agreed that this amount will be used to create a fixed deposit in the name of the minor child. It has been agreed that a draft of the remaining amount of `1 lakh will be produced in this Court on 16.12.2011 which are also to be deposited in the share of a fixed deposit in the name of the minor child. It is made clear that this total amount of `2.50 lakhs and the interest accrued thereon shall not be withdrawn and shall be re-invested for the benefit of the minor child till the time she attains the age of 18 years. It has further been agreed that the petitioner shall be entitled to meet the child on every Sunday and take her with him from 11 A.M. to 3 P.M. after giving advance notice to the respondent No.2 – Parveen Kumari. Adjourned to 16.12.2011. Interim order to continue.” CRM-M No.36010 of 2010 (O&M) ::3:: Today, learned counsel for the petitioners has handed over a draft of `1 lakh to learned counsel for respondent No.2 who undertakes that like the respondent No.2 has created a fixed deposit of the amount of `1.5 lakh in terms of the order dated 17.10.2011, she will also create a fixed deposit of this amount of `1 lakh within one week. Consequently, in terms of the order and agreement dated 17.10.2011 this petition is allowed. In the event of arrest of the petitioners, they shall be released on bail to the satisfaction of the Investigating Officer subject to the conditions envisaged under Section 438(2) Cr.P.C. ( AJAY TEWARI ) December 16, 2011 JUDGE ashish