Criminal Misc. No. M-33639 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-33639 of 2010 Date of Decision: 10.3.2011 Raj Kumar …Petitioners Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Hitesh Sood, Advocate for the petitioner. Mr. V.P.S. Sidhu, Assistant Advocate General, Punjab, for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioner in case FIR No. 179 dated 16.10.2010, registered at Police Station City, Sunam, District Sangrur, under Sections 406, 498-A and 323 IPC. On 18.11.2010, a Co-ordinate Bench of this Court had passed the following order:- “...Learned counsel for the petitioner contends that the daughter of the complainant Kirna Devi, Preeti was married to Pawan Kumar-nephew of the petitioner. It is submitted that the petitioner is the father's younger brother (Chacha) of Pawan Kumar. Criminal Misc. No. M-33639 of 2010 2 Pawan Kumar has been missing and is not traceable. The father of Pawan Kumar namely, Subhash Chand got recorded DDR No. 13 dated 3.8.2010 (Annexure P4) in this regard. It is thereafter that the present FIR was registered on 16.10.2010. It is submitted that a Panchayati compromise dated 11.5.2010 (Annexure P3 was also effected between the nephew of the petitioner and the daughter of the complainant earlier. Notice of motion for 17.1.2011. To be listed with Criminal Misc. No. M- 33451 of 2010. In the meantime, in the event of arrest of the petitioner, he shall be admitted to interim bail subject to his furnishing personal bond and surety to the satisfaction of the Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called and shall abide by the provisions of Section 438(2) Cr.P.C....” It is submitted that Criminal Misc. No. M-33451 of 2010, filed by Subhash Chand, father of Pawan Kumar, husband, was dismissed and vide order dated 15.2.2011, a Co-ordinate Bench of this Court has permitted the petitioner to join the investigation. It is not disputed that the petitioner is Uncle (Chacha) of Pawan Kumar, husband of the complainant. Learned counsel for the respondent, on instructions from Criminal Misc. No. M-33639 of 2010 3 Sarwinder Singh, Assistant Sub Inspector, has submitted that the petitioner has joined investigation and he is no longer required for custodial interrogation. In view of the reasons stated in the order dated 18.11.2010 and the statement made by learned counsel for the State, pre-arrest bail granted to the petitioner is made absolute till filing of the report under Section 173 Cr.P.C. On submission of report under Section 173 Cr.P.C., the petitioner shall furnish regular bail-bonds to the satisfaction of the Court concerned. The trial Court shall be empowered to cancel the bail of the petitioner in case of any breach of terms & conditions of the bail bonds. With the observations made above, the present petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge March 10, 2011 “DK”