The High Court disposed of a petition for anticipatory bail under Section 438 Cr.P.C. after the trial court admitted interim bail following the petitioners' appearance. The order dated 21.1.2009 was made absolute.
The order dated 21.1.2009 was made absolute; the petition was disposed of.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. M 1794 of 2009 Date of decision: 10.2.2009
Amarjit Singh and another
...petitioners
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR.JUSTICE HARBANS LAL
Present: Mr.Vipin Mahajan, Advocate for the petitioners
Ms.RK Nihalsinghwala, Sr.Deputy Advocate General, Punjab
Harbans Lal, J.
This petition has been moved by Amarjit Singh and another under Section 438 of Cr.P.C. seeking anticipatory bail in case FIR No.65 dated 7.5.2006 registered under Section 304-B of IPC at Police Station Dinanagar, (now converted into 306 of IPC).
I have heard the learned counsel for the parties.
Learned counsel for the petitioners states that the petitioners were found innocent during investigation and their names were shown in column no.2 of the inquiry report. On being allowed application under Section 319 of Cr.P.C. moved by the prosecution, they were summoned to face the trial alongwith their co-accused. He further puts that as would be apparent from Annexure P-6, copy of the statement dated 29.9.2008 of Kimti Lal complainant, he was declared hostile and on being crossexamined by the learned Additional Public Prosecutor for the State, he did not budge even an inch from his affirm stand. Vide order dated 21.1.2009, passed by this Court, the petitioners were directed to appear before the
CRM No. M 1794 of 2009 -2-
learned trial Court on 3.2.2009 and the direction was given to the learned trial court to admit interim bail on their appearance.
On instructions from ASI Surinder Kumar, the learned State counsel informs that the petitioners in compliance with the order dated 21.1.2009, have put in their appearance before the learned trial Court and they have been admitted to interim bail by the learned trial Court.
Accordingly, the order dated 21.1.2009 is made absolute.
Petition stands disposed of.
February 10, 2009 gsv
(Harbans Lal) Judge
1 issue framed by the court
Whether to make the order for anticipatory bail absolute after the petitioners have complied with it.
2 provisions across 2 enactments
Amarjit Singh and another
State of Punjab
Harbans Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
