HARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition is under Section 438 of the Cr.P.C. for pre-arrest bail as FIR has been registered under Sections 406, 498-A IPC.

(2.) COUNSEL for the petitioner after briefly stating the facts leading to this unfortunate separation of parties has in all fairness come with a proposition that in case ultimately the Court comes to a conclusion that in fact 12 tolas of gold in the form of 6 bangles and 2 sets, coloured TV and VCR were in fact given as dowry articles and has also been retained by the petitioners; the petitioners are willing to furnish a suitable surety or even prepared to deposit the amount in respect of these articles which can be approximately amount to Rs. 70,000/- with a further undertaking that the petitioners will cooperate with the investigating agency and make themselves available as and when called upon to do so. This offer has been specifically accepted by Mr. D.S. Rajput, counsel representing Smt. Amarjit Kaur. While accepting the petition thus restraining the respondent from arresting the petitioners, it is further directed that the petitioner shall deposit a sum of Rs. 70,000/- in the Court of District Sessions Judge Ludhiana who is seized of the matter under Section 13 of the Hindu Marriage Act pending between Harjit Singh and Amarjit Kaur. Rs. 70,000/- is to be deposited on or before 31.1.1997. Smt. Amarjit Kaur shall be entitled to withdraw this amount if ultimately the Court comes to the conclusion that these articles in fact were given by the parents of Amarjit Kaur to Harjit Singh and his parents (either by the Criminal Court or Civil Court) and were retained by the accused and 6082-M the petitioners. Disposed of.