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NON-REPORTABLE IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURSIDCITON CRIMINAL APPEAL NO.  785  OF 2017

[Arising out of Special Leave Petition (Crl.) No.9288 of 2016]

JASKARAN SINGH …APPELLANT  

VERSUS

STATE OF PUNJAB AND ANR.         …RESPONDENTS

O R D E R

S.ABDUL NAZEER, J.

1 Leave granted.

2 This appeal is directed against the order dated 29th September,

2016 in Crl. Misc. No.M-34630 of 2016 whereby the High Court of

Punjab and Haryana has dismissed the anticipatory bail application

filed by the appellant in a case registered vide FIR No. 109 of 2016

dated 26th July, 2016 under Sections 498A/494/406/420/120B of

the Indian Penal Code, 1860 in Police Station Dayalpura, District

Bathinda,  Punjab.  The  second  respondent  in  her  complaint  has

alleged  that  her  husband,  the  appellant  herein,  had  married

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Karamveer Kaur during the subsistence of her marriage. There are

allegations  of  cruelty,  harassment,  fraud  and  the  threats  being

given by the appellant.   

3 The contention of the appellant is that he has never married

Karamveer Kaur and that the allegation is false and frivolous.

4 In  order  to  substantiate  marriage  of  the  appellant  with

Karamveer Kaur, respondent No.2 has produced an application filed

by Karamveer Kaur bearing No. CRM-M-28765 of 2016 filed under

Section 9 of the Hindu Marriage Act.  Taking into consideration this

case filed by Karamveer Kaur against the appellant, the High Court

rejected the application of the appellant seeking anticipatory bail.

5 We have heard learned counsel for the appellant.

6 It is evident that the petition filed by Karamveer Kaur under

Section 9 of the Hindu Marriage Act against the appellant has been

withdrawn on 24th February, 2016. The High Court has not taken

into consideration the withdrawal of this petition. It is also evident

that  the second respondent  is  residing in  the matrimonial  home

with the mother of the appellant. There are no criminal antecedents

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against the appellant except the present case. We are of the view

that the High Court is not justified in rejecting the application of the

appellant for grant of anticipatory bail.

7 Therefore, the order of the High Court impugned in this appeal

is hereby set aside and the appeal is allowed. The application filed

by the appellant for grant of anticipatory bail is allowed.  

8 In the event of arrest of the appellant in the aforesaid case, he

shall be released on bail by making deposit of Rs. 25,000/- in cash

and also subject to condition that the appellant shall cooperate with

the investigation at all further stages.      

    …………………………………J.     (J. CHELAMESWAR)

    …………………………………J.     (S. ABDUL NAZEER)

New Delhi; April 25, 2017.

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