YADWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner Yadwinder Singh has filed the present petition for the grant of anticipatory bail in a case FIR No. 14, dated 19.1.2000 registered against him at Police Station City Moga. According to the petitioner, in the year 1985, sister Baljit Kaur who was married to one Harpal Mohan Singh Gill, who was migrant of USA. From, the wedlock two daughters were born namely Harsimran Kaur and Sukhminder Kaur. In the year 1988 Harsimran Kaur was admitted in Dalhousie Public School. The relations between the sister of the complainant and her husband became strained on account of heavy use of alcohol by Harpal Mohan. Singh Gill, who had started residing separately. In Dec. 1999, Harsimran Kaur had come to know that her father had secured an ex parte divorce from her mother and had rung up the maternal grandmother at Calcutta. Thereupon the petitioner apprised his sister of the situation and she had asked him to take care of the child. Harsimran Kaur had also written a letter to the S.S.P. Moga indicating that she is staying with her maternal uncle and does not want to go back to her father. Baljeet Kaur had sent a child care authorisation letter from the competent authority from USA vide which the petitioner and her mother have been given the authority to take temporary care of both the children. A case was registered against the petitioner at the behest of Harpal Mohan Singh that his wife has kidnapped Harsimran Kaur from the custody of the father and requested that custody of the child be returned to him. It is in this FIR that the petitioner while seeking interim bail had on 12.5.2000 averred that the petitioner till today has never been directed by any court or any other authority to hand over the custody of the child Harsimran Kaur to any person.

(2.) On 12.5.2000, this Court while issuing notice had passed the following order :

(3.) Today, when the case came up for hearing for confirmation of the interim bail, the same was opposed on the ground that the averments made in para 17 of the petition were wrong to the knowledge of the petitioner inasmuch as on 4.5.2000. The Sub Divisional Judicial Magistrate, Moga had on an application moved by the father of Harpal Mohan Singh directed Yadwinder Singh and his co-accused to hand over the custody of minor Harsimran Kaur to her father and, therefore, the petitioner was not entitled to any relief.