SANJIV KUMAR MOHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition for anticipatory bail. One of the of the grounds urged in support thereof is that the co -accused of the petitioner after arrest have been released on bail, inclusive of the husband of the complainant. The petitioner is the brother of the husband and is accused of having committed partial breach of trust of dowry articles. The petitioner is stated to be an engineer employed in Escorts at Faridabad. In family disputes some times the net is spread very wide as has been noticed. All the members of the family have suffered arrest and have been released on bail. It is not necessary that the petitioner too should suffer arrest likewise and then be released on bail. In these circumstances, it is ordered that the officer arresting the petitioner shall release him on bail to his satisfaction. The petitioner shall make himself available for investigation and interrogation as and when required by the police. It is, however made clear that any statement made by the petitioner under section 27 of the Evidence Act, which may lead to the discovery of any article said to be subject matter of the breach of trust, would be saved under the rule laid down in Gurbaksh Singh Sibbia etc. v. State of Punjab 1980 C.L.R. (SC) 153.

(2.) THIS petition is thus allowed in these terms.