Punjab-Haryana High Court
Anita Mukherjee And Others vs State Of Haryana on 28 January, 2014
Author: Rekha Mittal
Bench: Rekha Mittal
CRM No. M- 33335 of 2013(O&M) -1-
In the High Court of Punjab and Haryana at Chandigarh
Date of Decision:28.1.2014
1)CRM No. M- 33335 of 2013(O&M)
Anita Mukherjee and others
---Petitioners
Versus
State of Haryana
---Respondent
2)CRM No. M- 38902 of 2013(O&M)
Devender Singh Negi
---Petitioner
Versus
State of Haryana
---Respondent
Coram: Hon'ble Mrs. Justice Rekha Mittal
***
Present:- Mr.Ashish Verma, Advocate,
for the petitioner(s)
Mr. Anupam Sharma, AAG, Haryana
for the respondent-State assisted by
Mr. Rajesh Arora, Advocate
for the complainant
***
REKHA MITTAL, J.
CRM-2754-2014 in CRM-M-33335 of 2013 CRM-2810-2014 in CRM-M- 38902 of 2013 Allowed as prayed for. Short replies of the complainant are taken on record.
Saini Paramjit Kaur2014.01.30 13:34 I attest to the accuracy and integrity of this document Chandigarh CRM No. M- 33335 of 2013(O&M) -2- Main cases This order will dispose of Criminal Misc. No. M-33335 of 2013 titled "Anita Mukherjee and others vs. State of Haryana" and Criminal Misc. M- 38902 of 2013 titled "Devender Singh Negi vs. State of Haryana"
as these are the off shoot of FIR No. 606 dated 5.9.2013 for offence under Sections 498-A, 323, 506 of the Indian Penal Code (for short "IPC"), registered at Police Station Sadar, Gurgaon.
Counsel representing Anita Mukherjee (sister-in-law), Ranbir Singh Negi (father-in-law) and Shanta Negi (mother-in-law) contends that the petitioners have already joined investigation in compliance with interim bail granted by this Court. It is further submitted that the complainant, wife of Devender Singh Negi, was given due place at the time of performance of marriage of younger son of the family on 24.6.2012. The complainant wrote letter dated 10.9.2012 to the Army authorities complaining against conduct of her husband wherein she has admitted that she had been residing with petitioner Anita Mukherjee. It is further submitted that the complainant did not level any allegations against the petitioners that her jewellery articles worn by her at the wedding of her brother-in-law were taken away by any of the petitioners. The last submission made by counsel is that custodial interrogation of the petitioners is not required and they are ready to face the proceedings in accordance with law.
With regard to bail plea of Devender Singh Negi, husband of the complainant, it is submitted that the complainant has levelled unfounded allegations that Devender Singh Negi forged an ex-parte decree of divorce and thereafter performed marriage during subsistence of his marriage with the complainant. It is further submitted that as allegations levelled by the Saini Paramjit Kaur 2014.01.30 13:34 I attest to the accuracy and integrity of this document Chandigarh CRM No. M- 33335 of 2013(O&M) -3- complainant in this regard are yet to be tested during trial, therefore, these allegations cannot be allowed to stand in the way of the petitioner seeking concession of pre arrest bail. It is further submitted that the petitioner is a member of Armed forces holding the rank of Lieutenant Colonel and is ready to face proceedings in accordance with law.
Counsel for the complainant, Mr. Rajesh Arora, Advocate, has seriously contested the prayer of the petitioners for grant of bail. It is argued with vehemence that Devender Singh Negi is guilty of playing a fraud upon the complainant as well as the Court in setting up an ex parte decree of divorce purported to be granted by a Court in Arunachal Pradesh. The complainant learnt about the said ex parte decree on getting information from the Army authorities and thereafter in view of information received under the RTI Act from the Public Information Officer, Popumpare as well as from the Deputy Commissioner, Itanagar it becomes apparent that no such decree of divorce was passed in favour of the petitioner(Devender Singh Negi). The petitioners joined hands to perform marriage of Devender Singh Negi with Sai Panwar on 23.11.2011 on the basis of forged ex parte decree of divorce and during subsistence of her marriage with Devender Singh Negi which disentitle them to seek concession of pre arrest bail.
I have heard counsel for the parties and perused the records. So far as the bail plea of petitioners Anita Mukherjee and others in CRM M- 33339 of 2013, they have already joined investigation in compliance with interim bail granted by this Court. There is nothing on record to suggest that these petitioners are, in any manner whatsoever, privy to the effort of the husband of the complainant to set up an ex parte decree of divorce or his alleged marriage with Sai Panwar under the guise of Saini Paramjit Kaur 2014.01.30 13:34 I attest to the accuracy and integrity of this document Chandigarh CRM No. M- 33335 of 2013(O&M) -4- said ex parte decree. The letter written by the complainant to the Army authorities few months subsequent to performance of marriage of younger brother of Devender Singh Negi, does not contain reference that the petitioners received jewellery of the complainant on the pretext of keeping it safe in a locker. The custodial interrogation of the petitioners is not required, therefore, interim bail granted to them is made absolute.
Devender Singh Negi is the husband of the complainant. Perusal of allegations levelled by the complainant would reveal that she has a serious grievance against her husband for maintaining extra marital relationship. The complainant has placed on record documents to substantiate her plea that ex parte decree of divorce set up by the petitioner is the result of forgery/fabrication as it was not passed by the Court in Arunachal Pradesh. There are no extraordinary circumstances in favour of the petitioner to allow him an equitable relief. This apart, the custodial interrogation of the petitioner is required which disentitle him to seek concession of bail in anticipation of arrest. Accordingly, petition filed by Devender Singh Negi is ordered to be dismissed.
( Rekha Mittal ) Judge 28.1.2014 Paramjit Saini Paramjit Kaur 2014.01.30 13:34 I attest to the accuracy and integrity of this document Chandigarh