IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(Arising out of SLP(Criminal) No.2212/2023)
BALJINDER HANDA APPELLANT
VERSUS
STATE OF PUNJAB & ANR. RESPONDENTS
O R D E R
1. Leave granted.
2. The appellant-husband is aggrieved by the order dated 24.01.2023 passed by the Punjab and Haryana High Court, declining anticipatory bail to him in case FIR No.0153 dated 15.08.2022 under Sections 498A and 406 of the Indian Penal Code, 1860, registered at Police Station Vairoke, District Fazilka.

3. The marriage between the appellant and respondent no.2 complainant was performed on 14.02.2022. Soon thereafter, the parties developed differences, and there arose a matrimonial dispute as, according to respondent no.2, the appellant and his family started harassing her to bring more dowry, including a luxury car. She was turned out of the house on 09.05.2022. A Panchayat was convened, but the appellant and his family were adamant to demand more dowry. They have allegedly misappropriated all the dowry articles given at the time of marriage. These allegations led to the registration of the subject FIR.

4. On the other hand, the case of the appellant seems to be that the traditional gifts were exchanged between the parties at the time of marriage, and all such articles, including some gold ornaments, have been returned to the complainant-wife after the dispute arose.

5. The parties were referred to mediation, but that has been unsuccessful.

6. The complainant-respondent no.2 was directed on 29.11.2023 to submit the list of gold ornaments or other valuables which, according to her, have not been returned so far. Similarly, the appellate-husband was also directed to file an affidavit in response thereto. Since, the claims and counterclaims with regard to the dowry articles given at the time of marriage and those returned by the appellant-husband were at variance, we asked the State counsel to verify the prima facie veracity of these statements for the limited purpose of deciding this matter for the grant of anticipatory bail.

7. Mr. Shadan Farasat, learned AAG for the State of Punjab, points out that the Investigating Officer summoned both the parties and after recording their oral claims and counterclaims, respondent no.2-wife claims that one gold ring given to the appellant, one gold ring given to his grandmother, clothes worth Rs.2 lakhs, a sum of Rs.6.80 lakhs spent on catering at the time of wedding reception, Rs.98,000/- spent on the booking of the venue, all electronic appliances, furniture and one coat set are yet to be retrieved from the appellant.

8. Learned senior counsel for the appellant, however, submits that no such expenditure was incurred by respondent no.2 or her family, and the gold ornaments which were given have already been returned. 9. In the given circumstances, it may not be expedient for this Court to form even a tentative opinion in respect to the cross-versions as it might prejudice the outcome of the ongoing investigation. We, thus, deem it appropriate to dispose of this appeal with the following directions:

(i) The interim bail granted to the appellant vide order dated 24.02.2023 is made absolute, subject to the condition that he shall continue to appear before the Investigating Officer and shall fully cooperate with the ongoing investigation till it reaches a logical
conclusion.
(ii) In the event of filing of chargesheet, the appellant shall regularly appear before the Trial Court, save and except when exemption is granted. If he fails to appear before the Trial Court, it shall be taken as a misuse of the concession of bail.
(iii) The appellant is directed to pay a sum of Rs.15,000/- (Rupees fifteen thousand) per month, as an interim maintenance, to respondent no.2 w.e.f. the month of January 2024 onwards. The interim maintenance shall be paid on or before the 7 th day of every calendar month. The interim maintenance shall be paid and received by the parties without prejudice to their legal rights. In other words, it will not preclude respondent no.2 from claiming maintenance at a higher rate before an appropriate Forum. If the Court of competent jurisdiction grants maintenance to respondent no.2 at a higher rate, the amount of Rs.15,000/- directed to be paid as interim maintenance shall be adjusted for such payment. Ordered accordingly.
……………….J.
(SURYA KANT)
……………….J.
(K.V. VISWANATHAN)
New Delhi;
February 07, 2024

ITEM NO.13 COURT NO.4 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).2212/2023
(Arising out of impugned final judgment and order dated 24-01-2023
in CRM-M No.54451/2022 passed by the High Court Of Punjab & Haryana
At Chandigarh)
BALJINDER HANDA Petitioner(s)
VERSUS
STATE OF PUNJAB & ANR. Respondent(s)
(IA No.48796/2023 – INTERVENTION/IMPLEADMENT)

Date : 07-02-2024 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mr. G.K Mann, Sr. Adv.
Mr. Dinesh Verma, Adv.
Mr. Rajat Sharma, Adv.
Mr. Subhasish Bhowmick, AOR

For Respondent(s) Mr. Shadan Farasat, A.A.G.
Mr. Karan Sharma, AOR
Mr. Abhishek Babbar, Adv.
Ms. Princy Sharma, Adv.

Mr. Aniket Jain, Adv.
Mr. Vidyut Kayarkar, Adv.
Mr. Siddharth Jain, Adv.
Mr. Umang Shankar, AOR

UPON hearing the counsel the Court made the following
O R D E R
1. Leave granted.
2. The appeal is disposed of in terms of the signed order.
3. All pending applications, if any, also stand disposed of.
(ARJUN BISHT) (PREETHI T.C.)
COURT MASTER (SH) COURT MASTER (NSH)
(signed order is placed on the file)