CRM CRM CRM CRM----M M M M----56803 56803 56803 56803----2022 2022 2022 2022 ----1111---- 208 208 208 208 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH CRM CRM CRM CRM----M M M M----56803 56803 56803 56803----2022 2022 2022 2022 Date of Decision:- 21.05.2025 PARVINDER SINGH PARVINDER SINGH PARVINDER SINGH PARVINDER SINGH ....Petitioner Vs. STATE OF PUNJAB AND ANR STATE OF PUNJAB AND ANR STATE OF PUNJAB AND ANR STATE OF PUNJAB AND ANR ...Respondents CORAM: CORAM: CORAM: CORAM:---- HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Ritesh Pandey, Advocate for the petitioner. Mr. Amit Shukla, DAG, Punjab. Mr. Manbir Singh Basra, Advocate and Mr. Anupinder Brar, Advocate for respondent No.2. ***** AMARJOT BHATTI, J. (Oral) AMARJOT BHATTI, J. (Oral) AMARJOT BHATTI, J. (Oral) AMARJOT BHATTI, J. (Oral) 1. Petitioner has filed instant petition under Section 483 Cr.P.C. for grant of anticipatory bail in FIR No.155 dated 06.10.2022 under Sections 498-A, 323, 326 and 34 IPC (Section 406 IPC added later-on) registered at Police Station Shri Hargobindpur, District Batala. 2. Facts of the case are, complainant Baljinder Kaur stated that her marriage was performed with Parminder Singh on 26.11.2019. She is mother of a daughter. Soon after marriage, she was taunted for bringing less dowry. She was beaten up by her husband number of times. With the intervention of respectables and relatives, compromise was also effected but there was no SANDEEP KUMAR 2025.05.23 17:18 I attest to the accuracy and integrity of this document CRM CRM CRM CRM----M M M M----56803 56803 56803 56803----2022 2022 2022 2022 ----2222---- change in their behaviour. She has narrated the incident of 22.09.2022 when she was abused by her husband on the instigation of her father-in-law and mother-in-law. On 23.09.2022 at about 7 am when she came out of the room, her mother-in-law started abusing her without any reason. She caught hold of her hairs whereas her husband gave gandasi blows which hit on her face and left wrist. She was beaten up by her father-in-law by giving blows with plastic pipe. She raised alarm and fell down on the ground. She ran outside out of fear. Her husband called her family members. She was taken to CHC Bham for treatment. Ultimately, matter was reported to the police. 3. Learned counsel for petitioner argued that petitioner is working as a driver. Marriage was performed in a simple manner. His wife is a lady of quarrelsome nature and did not adjust in the matrimonial home. On 23.09.2022 minor quarrel took place as a result respondent No.2 slipped from the floor and received minor injuries. There is delay in lodging the FIR. She has taken away her jewellery while leaving the matrimonial home. They were residing separately from his parents. He is ready to handover motorcycle, washing machine and almirah belonging to the complainant lying in the house. His anticipatory bail application was wrongly declined by the Sessions Court vide order dated 01.11.2022 (Annexure P-2). Even now he has already joined the investigation in pursuance of interim bail granted in his favour. He has handed over the dowry articles. Therefore, interim bail may be confirmed. 4. Bail application is opposed by learned counsel representing respondent No.2 as well as State counsel. Status reports dated 28.08.2023 and 16.03.2025 are filed. As per the status report Baljinder Kaur was SANDEEP KUMAR 2025.05.23 17:18 I attest to the accuracy and integrity of this document CRM CRM CRM CRM----M M M M----56803 56803 56803 56803----2022 2022 2022 2022 ----3333---- medically examined and suffered three injuries. One injury is attributed to Buta Singh father-in-law falling under Section 323 of IPC and two injuries with gandasi are attributed to the present petitioner, falling under Sections 323 and 326 of IPC. Weapon of offence i.e. gandasi has also been recovered on 01.03.2025. However, petitioner has not fully cooperated in the investigation. He has not got recovered any of the gold ornaments. For thorough investigation, his custodial interrogation is required. 5. I have considered the aforesaid factual position. Arguments advanced by learned counsel for petitioner indicates that incident of 23.09.2022 is not disputed by the petitioner as it is alleged that complainant had suffered injuries by falling down on the floor. Said arguments advanced by learned counsel for the petitioner does not convince the mind of this Court as one of the injury attributed to him falls under Section 326 of IPC. 6. Other aspect of the present case is recovery of dowry articles. There is recovery memo (Annexure R1/T) according to which LED Samsung, refrigerator, almirah, washing machine and motorcycle hero splendor are also recovered. Till date, no jewellery item has been recovered. There is status report dated 08.05.2025 in which it is duly verified by the Investigating agency that gold ornaments consisting of gold karra, two rings, one pair of tops are yet to be recovered. Bill produced by the complainant was verified from the jewellers. In the case in hand, petitioner is granted interim relief since 16.12.2022 but failed to fully cooperate with the investigating agency. It is rightly pointed out that custodial interrogation of the petitioner is required to recover remaining dowry articles. To complete the investigation, said recovery is material. Considering the serious SANDEEP KUMAR 2025.05.23 17:18 I attest to the accuracy and integrity of this document CRM CRM CRM CRM----M M M M----56803 56803 56803 56803----2022 2022 2022 2022 ----4444---- allegations of beating and misappropriation of valuable gold jewellery, I do not find a fit case for grant of anticipatory bail and the same is declined and the interim bail granted in favour of petitioner, vide order dated 16.12.2022, is accordingly vacated. 7. Pending miscellaneous application(s), if any, stand disposed of accordingly as well. 21.05.2025 (AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI) snd JUDGE JUDGE JUDGE JUDGE Whether speaking/reasoned: Yes/No. Whether reportable: Yes/No SANDEEP KUMAR 2025.05.23 17:18 I attest to the accuracy and integrity of this document