BALDEV RAJ KAPOOR Vs. STATE OF HARYANA

JUDGEMENT

(1.) - Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioners in case FIR No. 425 dated 02.12.2008 registered at Police Station Shahbaad, District Kurukshetra under Sections 406, 498-A, 506 IPC.

(2.) ON April 2, 2009, this Court had passed the following order: Counsel for the petitioners has submitted that Gaurav Kapoor had surrendered and has been arrested by the police. Petitioners are stated to be parents of Gaurav Kapoor. Pre-arrest bail application of Gaurav Kapoor was declined vide Criminal Misc. No. M-7201 of 2009. Gaurav Kapoor had deposited Rs. 25,000/- for appearance of his wife in this Court. The efforts made by the counsel for the parties to arrive at a compromise could not fructify Taking into consideration the age and relationship of the petitioners, they are entitled to pre-arrest bail, as their custodial interrogation is not required. Issue notice of motion to AG Haryana for 18th April, 2009. In the event of arrest, petitioners shall be released on interim bail to the satisfaction of the arresting officer. However, petitioners shall join investigation as and when called for. Petitioners shall abide by the conditions specified under Section 438 (2) Cr.P.C.

(3.) Vide Criminal Misc. No. M-7201 of 2009, husband of the complainant, Gaurav Kapoor was not granted benefit of interim bail. 4. Counsel for the petitioners has submitted that Gaurav Kapoor, son of the petitioners, has been granted regular bail by the trial Court. 5. Counsel for the State has submitted that petitioners have joined investigation, but recovery of dowry articles has to be effected. 6. Since police remand of Gaurav Kapoor, husband of the complainant was taken by the police, custodial interrogation of the petitioners is not required. Therefore, interim bail granted to the petitioners vide order dated April 2, 2009 is made absolute till submission of report under Section 173 Cr.P.C. (challan). Thereafter, petitioners will be permitted to furnish regular bail bonds to the satisfaction of the trial Court. 7. With these observations, present petition is disposed off. Order accordingly.