Petitioners filed two connected petitions seeking cancellation of bail granted in a case involving Sections 406/420/34 IPC. Court dismissed the petition finding no merit as accused had not misused bail concession despite observation on civil nature of dispute.
Petition dismissd; bail granted in-main case remains valid.
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CRM M-11392 of 2009
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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
CRM No.21001 of 2009 and CRM M-11392 of 2009
Date of Decision: 9.9.2009
Nand Lal
..Petitioner.
Vs.
State of Punjab and another
..Respondents.
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
Present : Mr.G.S.Pannu, Advocate for Mr.A.D.S.Sukhija, Advocate for the petitioner.
Mr.K.D.Sachdeva, Addl.AG Punjab for the respondent/State. Mr.B.S.Saini, Advocate for respondents No.2 and 3.
RAKESH KUMAR JAIN, J. (Oral)
CRM No.21001 of 2009
Allowed as prayed for.
Main Case
This is a petition under Section 439(2) of Cr.P.C. for cancellation of bail granted to respondents No.2 and 3 by Sessions Judge, Fatehgarh Sahib in case registered vide FIR No.31 dated 21.3.2009 under Sections 406/420/34 IPC at Police Station Bassi Pathana.
The only grievance of the petitioner is that while granting bail, the learned Court below has observed that dispute between the parties is much of civil nature. However, there is no allegation that after having been released on bail, the respondents have misused the concession of bail in any
CRM M-11392 of 2009
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manner.
In view of the above, I do not find any merit in the present
petition and the same is hereby dismissed.
(Rakesh Kumar Jain)
9.9.2009 Meenu
Judge
1 issue framed by the court
Whether bail granted to accused in a case involving civil dispute should be cancelled due to judicial observation on the nature of dispute.
1 provisions across 1 enactments
Nand Lal
State of Punjab
Another
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
