CRM No.M-14092 of 2011.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM No.M-14092 of 2011 (O&M) Date of Decision: 13.05.2011 **** Jagdish Rai Gupta & Anr. . . . . Petitioners VS. State of Punjab . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. KL Arora, Advocate for petitioners Mr. TS Salana, DAG Punjab **** SURYA KANT J. (ORAL) 1. The petitioners seek pre-arrest bail in the case FIR No.07 dated 08.03.2011 under Sections 498-A/406 IPC registered at PS Women Cell, Bathinda. 2. The above-stated FIR has been got registered on a complaint made by the brother of daughter-in-law of the petitioners. Learned Additional Sessions Judge, Bathinda declined pre-arrest bail to the petitioners primarily on the ground that gold ornaments weighing 30 tolas are yet to be recovered from them. CRM No.M-14092 of 2011.doc - 2 – 3. The petitioners while approaching this Court denied the receipt of the gold items as alleged by the complainant. At the same time, they agreed to furnish a bank guarantee equivalent to the current market value of the alleged gold ornaments. 4. The petitioners have accordingly furnished the bank guarantee in favour of Smt. Shelly Gupta for a sum of Rs.5,60,000/-. 5. The Investigating Officer, Inspector Gurdarshan Singh, is present in Court to whom the original bank guarantee has been handed over who, in turn, is directed to hand over the same to Smt. Shelly Gupta w/o Amandeep Gupta. 6. Learned State counsel, on instructions, states that the petitioners have joined the investigation and are no longer required for that purpose. 7. In this view of the matter, the present petition is disposed of and the order dated 09.05.2011 is made absolute, however, with a clarification that the original bank guarantee shall remain with Smt. Shelly Gupta who shall not encash the same unless permitted by the trial Court, at an appropriate stage. The petitioners are directed to get the bank guarantee renewed, if the need so arise. 8. Disposed of accordingly. Dasti. 13.05.2011 vishal shonkar (S u r y a K a n t) Judge