Allowed

Sukhvinder Singh and 7 Ors. v. the State of Assam

Gauhati HC3 Nov 2021AB/2504/2021

Case brief

AI extract

What is this about?

Allowed two linked anticipatory bail applications filed under Section 438 CrPC. The court held that no custodial interrogation was warranted due to a lack of incriminating evidence regarding a religious dispute led to an exchange of words, and converted interim bail to absolute.

What did the court decide?

Interim bail in both petitions made absolute; anticipatory bail applications disposed of.

Sukhvinder Singh and 7 Ors. Vs the State of Assam — Quashing and FIR | Gauhati HC (2021)

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GAHC010131232021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/2504/2021

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SUKHVINDER SINGH AND 7 ORS SON OF LATE MOHINDER SINGH

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R/O SHANKARPUR, GOPINATH NAGAR, BIRUBARI, P.S. PALTAN BAZAR, GUWAHATI-781016, IN THE DIST. OF KAMRUP (M), ASSAM

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2: LAXMI PRASAD SINGH SON OF LATE GAUGA SINGH R/O H.NO. 9 ASHOK PATH JATIA KAHILIPARA ROAD DISPUR GUWAHATI PIN-781006 IN THE DIST. OF KAMRUP (M)

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3: DILIP SINGH

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SON OF LATE FAUZA SINGH

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R/O KAMLA KUNJ APARTMENT N.S. ROAD FATASIL P.S. BHARALUMUKH GUWAHATI-781009 IN THE DIST. OF KAMRUP (M) ASSAM

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4: GURPREET SINGH UPPAL SON OF LATE GIAN SINGH UPPAL

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R/O AMAR PATH NARIKAL BARI P.S. GEETA NAGAR GUWAHATI

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PIN-781024 IN THE DIST. OF KAMRUP (M) ASSAM

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5: GURBHEJ SINGH

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SON OF LATE POLA SINGH R/O H.NO. 104 NEAR PARAMOUNT HIGH SCHOOL BASISTHA CHARIALI BELTOLA CHARIALI P.S. BASISTHA GUWAHATI PIN-781029 IN THE DISTRICT OF KAMRUP (M) ASSAM

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6: VIRSA SINGH SON OF LATE AMAR SINGH R/O H. NO. 3 BLOCK NO. 4 DISPUR LAST GATE P.S. DISPUR GUWAHATI PIN-781006 IN THE DIST. OF KAMRUP (M) ASSAM

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7: SATNAM SINGH VERKA SON OF LATE JOGINDER SINGH R/O H. NO. 1 BLOCK -S 2 DISPUR LAST GATE DISPUR PIN-781006 IN THE DIST. OF KAMRUP (M) ASSAM 8: KASHMIR SINGH SON OF BALDEV SINGH R/O H. NO. 1 BLOCK NO. 2 DISPUR LAST GATE DISPUR PIN-781006 IN THE DIST. OF KAMRUP (M) ASSA

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A K BHUYAN

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Advocate for the Respondent : PP, ASSAM

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Linked Case : AB/2737/2021

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AJIT SINGH AND 3 ORS SON OF BALBIR SINGH R/O FLAT NO. 5 BC APPATI APARTMENT SARBODYA NAGAR BHETAPARA BELTOLA GUWAHATI- 781028 IN THE DIST. OF KAMRUP (M) ASSAM 2: SATNAAM SINGH KHALSA SON OF LATE JAGTAR SINGH R/O BEHARBARI BELTOLA P.S. BASISTHA GUWAHATI- 781029 IN THE DIST. OF KAMRUP (M) ASSAM 3: GURBHEJ SINGH SON OF KARAM SINGH R/O NALAPARA BELTOLA P.S. BASISTHA GUWAHATI- 781029 IN THE DIST. OF KAMRUP (M)

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ASSAM

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4: PARMEET KAUR W/O HARPEET SINGH R/O NEAR SHARABHATTI CHARIALI P.S. FATASIL AMBARI

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GUWAHATI - 781025

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ASSAM VERSUS

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THE STATE OF ASSAM REP. BY THE PP ASSAM

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-----------Advocate for : MR. A K BHUYAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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:: BEFORE ::

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HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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O R D E R

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03.11.2021

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Both the petitions have taken up together as the same have arisen out of the same police case.

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By filing this petition under Section 438 of the CrPC, the petitioners, namely- (1) Sukhivnder Singh, (2) Laxmi Prasad Singh, (3) Dilip Singh, (4) Gurpreet Singh Uppal, (5) Gurbhej Singh, (6) Virsa Singh, (7) Satnam Singh Verka and (8) Kashmir Singh in AB/2504 of 2021 and the petitioners, (1) Ajit

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Singh, (2) Satnaam Singh Khalsa, (3) Gurbhej Singh, (4) Parmeet Kaur in AB/2737 of 2021 have sought for pre-arrest bail in connection with Paltan Bazar P.S. Case No.398/2019, registered under Section 153-A IPC.

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Heard the learned counsel for both the parties and perused the Case Diary including the documents annexed.

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As has been reflected from the case diary that due to the incident took place on 21.04.2019 at Gurudwara at the time of celebration of religious functions in the said institution, there was certain hot exchange of words between the parties resulting filing of FIR from both the sides against each other. There is, however, no any incriminating evidence to attract offence under Section 153-A IPC.

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Taking note of all above as well as the case diary and the materials on record, this court is of the opinion that custodial interrogation of the accused persons is not warranted.

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Accordingly, the interim bail granted in both the petitions is hereby made absolute.

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Both the anticipatory bail applications stand disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Sukhvinder Singh and 7 Ors. v. the State of Assam

Case brief

What is this about?

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Sukhvinder Singh and 7 Ors. v. the State of Assam

Case brief

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