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BASAU & ANR versus STATE OF HARYANA

High Court of Punjab and Haryana, Chandigarh

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BASAU & Anr v. STATE OF HARYANA - CRM-58564-2005 [2006] RD-P&H 306 (23 January 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

CRL. MISC. NO. 58564-M OF 2005

DATE OF DECISION: 14.2.2006

BASAU AND ANOTHER

...PETITIONERS

VERSUS

STATE OF HARYANA

...RESPONDENT

CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
PRESENT: Mr U.K. Agnihotri, Advocate,

for the petitioners.

Mr Rameshwar Malik, Addl. AG, Haryana.

Mr Ramesh Chahal, Advocate

-----

ORDER:

On 28.10.2005, the following order was passed:- "The sister of the complainant, Kusum Lata is said to have been enticed away by Satpal Sharma, brother of the petitioners.

Learned counsel for the petitioners submits that the two appear to have committed love marriage. Learned counsel for the petitioners has relied upon a photo copy of the alleged affidavit mentioning that Kusum Lata had married Satpal.

Learned counsel for the State seeks time to verify the genuineness of the documents, Annexures P.1 and P.2.

List again on 6.12.2005.

In the meanwhile, on being arrested, the petitioners will be granted interim bail by the Investigating Officer subject to their making themselves available for interrogation as and when required and not making any inducement, threat or promise to any person acquainted with the facts of the case and not leaving India without permission of the Court, and complying with such other conditions as may be laid down by the Investigating Officer.

In the first instance, the petitioners will appear for investigation on 14.11.2005 at 11 AM."

On 20.1.2006, the following order was passed:- "Learned counsel for the State and the complainant says that the petitioners are not cooperating with the investigation nor they are producing their own brother Satpal and Kusum Lata, sister of the complainant, who is said to have been enticed away by Satpal. This conduct of the petitioners may not entitle them to anticipatory bail.

Learned counsel for the petitioners seeks further time, as last opportunity, to produce Kusum Lata.

List again on 14.2.2006."

Counsel for the State submits that on account of interim order, the investigation is hampered and whereabouts of Kusum Lata could not be traced.

Without expressing any opinion on merits, the interim order is continued for a period of one month on suggestion made by counsel for the petitioners that they might be able to produce Kusum Lata within the said period and thereafter, if necessary, the investigating agency will be at liberty to take the petitioners into custody, if their custody is required for investigation.

The petition is disposed of accordingly.

February 14, 2006 ( ADARSH KUMAR GOEL )

sanjeev JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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