Punjab and Haryana High Court Grants Pre-Arrest Bail in 'Contract Marriage' Case
The Punjab and Haryana High Court has granted pre-arrest bail to a couple from Sangrur, Punjab, who were accused of cheating their son-in-law of approximately Rs 18 lakh in a case that the court noted "appears to be a breach of contract" related to a promise of moving to Canada.
The Allegations: A Marriage for a Canadian Dream
According to the First Information Report (FIR), the complainant, Satwinder Singh, married Prabhjot Kaur on September 4, 2022. He alleged that mediators representing the bride's family, Paramjeet Kaur and her husband, had claimed Prabhjot had cleared the IELTS exam and would take him to Canada after marriage.
A formal written agreement was reportedly executed between the families. This contract stipulated that a sum of Rs 25 lakh was to be provided to cover Prabhjot's study fees in Canada, her stay there, and marriage expenses. The complainant's family stated they transferred Rs 6,85,708 and Rs 7 lakh into the petitioners' bank accounts, in addition to spending other amounts to facilitate her travel abroad.
Satwinder alleged that no money was spent by the bride's family on the wedding itself and that Prabhjot returned to her parental home just two days after the marriage. He claimed the petitioners then began demanding more money, despite him having already spent about Rs 18 lakh. He further alleged that Prabhjot later went to Canada but made no effort to take him along, accusing the family of conspiring from the start to cheat him.
The Legal Battle and Court's Reasoning
Justice Manisha Batra presided over the plea filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners' counsel argued that they had been falsely implicated. They submitted that the money credited to their accounts had already been used to pay Prabhjot's fees at Algoma University in Canada, even before the marriage took place.
They also pointed out that a thorough investigation had been conducted earlier, resulting in a cancellation report that characterized the dispute as being essentially civil in nature. Emphasizing that the case was based on documents already in police possession, they contended that no recovery was needed and custodial interrogation was unnecessary.
The state and the complainant opposed the bail, arguing that serious allegations existed and custodial interrogation was essential for recovery and a complete probe.
After examining the documents, Justice Batra noted it was undisputed that the deposited funds were used for university fees. The court observed that the case seemed to be a breach of contract and was based on documentary evidence, which diminished the need for custodial interrogation.
Holding that custodial interrogation of the parents was not required, the court underlined the crucial legal principle that "pre-trial incarceration should not be a replica of post-conviction sentencing." The judge added that only after a full trial could it be determined if the ingredients of the cheating offence were made out.
The Bail Conditions and Outcome
On this reasoning, the High Court held that a case for granting pre-arrest bail had been made out. The anticipatory bail was granted subject to specific conditions. The couple has been directed to:
- Surrender before the investigating officer within 10 days.
- Fully cooperate and join the investigation.
- Not influence any witnesses or commit a similar offence.
- Not leave the country without the court's permission.
- Deposit their passports with the trial court.
The court specifically noted that any violation of these conditions would allow the jurisdictional court to consider the cancellation of their bail. The decision highlights the judiciary's careful approach to pre-trial detention, especially in cases with complex civil undertones.
