Crl. Misc. No.M-24263 of 2010 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-24263 of 2010 Date of decision: 28.02.2011 Gurdev Singh .. Petitioner Versus Union Territory, Chandigarh .. Respondent Present:- Mr. V.K. Sachdeva, Advocate for the petitioner. Ms. Ashima Mor, Advocate for the respondent-U.T., Chandigarh. Mr. H.S. Bhullar, Advocate for the complainant. * * * * S.S. SARON, J. Heard counsel for the parties. The marriage between the petitioner-Gurdev Singh and complainant-Kulwinder Kaur was solemnized at Chandigarh on 17.02.1999. The petitioner thereafter went to USA and his wife who is the complainant joined him in the year 2003. They came to India in January, 2009 and stayed at village Mehrampur Topprian, Tehsil Kharar, District SAS Nagar, Mohali from 02.01.2009 to 14.05.2009. The complainant-Kulwinder Kaur then filed the present case on 19.05.2009. The dispute relates to about 20 Tolas of gold. On 20.8.2010, at the time of preliminary hearing it was submitted by learned counsel for the petitioner that the only reason for declining bail to the petitioner by the learned Additional Sessions Judge, Chandigarh vide order dated 4.8.2010 (Annexure-P.2) was that recovery of articles belonging to the complainant can only be effected with his costodial interrogation. It was submitted that as per allegations in the FIR Crl. Misc. No.M-24263 of 2010 ::2:: the complainant was not permitted to take along with her the gold ornaments consisting of old bangles, three sets having chain and ear rings weighing about 20 Tolas when she left the matrimonial home. It was submitted that these were not in possession of the petitioner, however, their value may be assessed which the petitioner would deposit as security after determination whether these were with the petitioner. On 5.10.2010, it was submitted on behalf of the petitioner that the gold ornaments weighed 20 Tolas and he would deposit the price of 20 Tolas of gold with the Investigating Officer. Thereafter, on 11.11.2010, a sum of `4 Lacs in the shape of a bank draft was handed over to the Investigating Officer being the price of 20 Tolas of gold which was to be recovered from the petitioner. The said draft is in the name of the complainant. The complainant, at present, is in USA. However, Mr. H.S. Bhullar, Advocate for the complainant has submitted that the father of the complainant, namely, Tara Singh son of Bakhshish Singh has general power of attorney dated 18.2.2006 in his favour which has been executed by his daughter Kulwinder Kaur, who is the complainant. A photostat copy of the power of attorney executed by Palwinder Kaur and Kulwinder Kaur daughters of Tara Singh has been filed in Court. In the circumstances, it would be just and expedient that the draft of `4 Lacs in favour of the complainant Kulwinder Kaur is given by the Investigating Officer to Tara Singh-father of the complainant. Tara Singh (father of the complainant) shall deposit the amount in the account of the complainant-Kulwinder Kaur. The draft, which has been ordered to be handed over to the complainant through her father Tara Singh shall be without prejudice whatsoever to the rights of the parties and it shall be adjustable towards any settlement or claim which the complainant may have against the petitioner. In the circumstances, the interim bail granted to the Crl. Misc. No.M-24263 of 2010 ::3:: petitioner by this Court vide order dated 20.08.2010 is made absolute. However, nothing stated or observed herein shall be construed as an expression of opinion on the merits of the case and the Investigating Officer or the Court as the case may be shall consider the case on its own and uninfluenced by any observation made herein. The criminal miscellaneous petition stands disposed of. (S.S. SARON) February 28, 2011 JUDGE sukhpreet