Punjab-Haryana High Court
Surender Kapoor @ Surinder Singh Kapoor ... vs State Of Haryana And Another on 23 April, 2014
Author: Mehinder Singh Sullar
Bench: Mehinder Singh Sullar
CRM No.M-12885 of 2013 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No.M-12885 of 2013 (O&M)
Date of Decision:- 23.04.2014
Surender Kapoor @ Surinder Singh Kapoor and another
.....Petitioners
Versus
State of Haryana and another
.....Respondent
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR
Present: Mr. Aman Pal, Advocate, for the petitioners.
Mr. J.S. Toor, Additional Advocate General, Haryana
for respondent No.1-State.
Mr. Sushil Gautam, Advocate, for respondent No.2.
****
MEHINDER SINGH SULLAR , J.(oral) Petitioners-Surender Kapoor @ Surinder Singh Kapoor son of Roop Lal and his wife Kiran Kapoor, unfortunate parents-in-law of complainant Anuradha daughter of Manish Chadha, have directed the instant petition for the grant of anticipatory bail, invoking the provisions of Section 438 Cr.P.C., in a case registered against them along with their son Vikram Kapoor-main accused (husband), vide FIR No.91 dated 28.03.2013, on accusation of having committed the offences punishable under Sections 406, 498-A, 323 and 506 IPC, by the police of Police Station Mahesh Nagar, District Ambala Cantt.
2. Notice of the petition was issued to the State.
Kumar Naresh2014.04.29 17:02 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-12885 of 2013 (O&M) -2-
3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.
4. What cannot possibly be disputed here is that the petitioners are parents-in-law of the complainant. Very vague and general allegations of cruelty in connection with and on account of demand of dowry are assigned to them. All the main allegations of cruelty in connection with and on account of demand of dowry, are assigned to Vikram Kapoor (husband) (non-petitioner), who was arrested, interrogated and was allowed bail by the trial Court. Not only that, the interim bail was granted to enable the petitioners to join the investigation, by a Co-ordinate Bench of this Court (L.N. Mittal, J.), by way of order dated May 10, 2013.
5. At this stage, on instructions from ASI Naresh Kumar, learned State Counsel has acknowledged the relevant factual matrix and submitted that the petitioners have already joined the investigation. They are no longer required for further interrogation. There is no history of their previous involvement in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, the final conclusion of trial will naturally take a long time.
6. In the light of aforesaid reasons and taking into consideration the totality of facts and circumstances, emanating from the record, as Kumar Naresh 2014.04.29 17:02 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-12885 of 2013 (O&M) -3- discussed here-in-above, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioners by this Court, by virtue of order dated 10.05.2013, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C.
Needless to mention that, in case, the petitioners do not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of their bail, in this respect.
April 23, 2014 (MEHINDER SINGH SULLAR)
naresh.k JUDGE
Kumar Naresh
2014.04.29 17:02
I attest to the accuracy and
integrity of this document
Chandigarh