RUPEET SWANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this common order two petitions bearing CRM -M -34512 - 2013 and CRM -M -44302 -2013 are being disposed of. In CRM -M - 34512 -2013, prayer made by the complainant/petitioner -Rupeet Swani, under Section 439 (2) read with Section 482 Cr.P.C., is for quashing/setting aside the order dated 1.10.2013 (Annexure P -15) passed by the learned Additional Sessions Judge, Mohali and for cancellation of the bail granted to private respondents No. 2 to 4. Respondent No. 2 - Kirandip Siwani in this petition is the husband of respondent No. 4 - Harvinder Kirandip Swani and they are parents of Respondent No. 3 - Harjiv Singh Swani and respondent No. 5 -Parneet Singh Swani. Respondent No. 5 (petitioner in CRM -M -44302 -2013) is husband of the petitioner. In CRM -44302 -2013, Parneet Singh Swani has sought pre -arrest bail under Section 438 Cr.P.C.

(2.) BOTH these petitions arise out of FIR No. 115 dated 6.9.2013 registered under Sections 406/498 -A/323/324/506/120 -B IPC (Sections 307 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 added lateron) at Police Station Balongi, District SAS Nagar, Mohali. The facts are being extracted from CRM -M -34512 -2013.

(3.) THE learned Senior counsel for the petitioner submitted that the private respondents were arrested on 12.9.2013 at Mumbai in execution of warrants of arrest issued by the Court of Magistrate at Mohali. They were produced before the Additional Chief Metropolitan Magistrate, Mumbai for transit remand at 1.25 p.m. The respondents applied for transit bail under Section 439 read with Section 482 Cr.P.C. before the Bombay High Court. The factum of filing bail was brought to the notice of Additional Chief Metropolitan Magistrate, Mumbai. The Bombay High Court allowed the application vide order dated 12.9.2013 (Annexure P -9) and it was directed that the respondents be released on bail on furnishing PR bonds in the sum of Rs. 15,000/ -. They were also directed to furnish cash security in the like amount. The interim bail was to remain in force for a period of two weeks from 12.9.2013 during which the respondents could approach the appropriate Court and seek necessary orders. Since the High Court of Bombay had directed the release of the respondents after furnishing P.R. Bonds as referred to in the order before the Cuffe Parade Police Station, Sub -Inspector Nikka Ram who headed the police party to arrest the respondents was directed to produce them before the police of Cuffee Parade Police Station in order to make compliance of the order passed by the Bombay High Court.