Petitioner sought pre-arrest bail in a murder case where allegation was against others. Note that co-accused already granted bail. Court allowed bail subject to appearance at trial court, with safeguard for cancellation if threats occur.
Petition for pre-arrest bail allowed; petition confirmed subject to appearance at trial court.
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Cr.Misc. NO. M 5813 of 2009
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO. M 5813 of 2009 DATE OF DECISION 5.5.2009
Kesar Singh
......PETITIONER
VERSUS
State of Punjab and others
......RESPONDENTS
PRESENT: Mr. SS Swaich, Advocate Mr. PS Sidhu, Addl.A.G.Punjab Ms. Swatantar Kapoor, Advocate
M.M.S.BEDI,J.
The petitioner apprehends arrest in a private complaint filed by Jaswant Singh and Labh Singh alleging that Jaswinder Kaur wife of complainant-respondent had been murdered by the petitioner and others. It is an admitted fact that the complainants are facing trial for the murder of Jaswinder Kaur. The FIR was originally got lodged by the respondent No.3 Labh Singh intimating about the homicide of Jaswinder Kaur. During investigation of the said FIR, it transpired that the complainants were responsible for the murder of Jaswinder Kaur.
Without expression of any opinion on merits of the case, it is sufficient to observe that the co-accused of the petitioner in the same criminal complaint is granted the concession of pre-arrest bail by this court on 24.2.2009. On account of different versions having already cropped up and no specific attribution against the petitioner in the complaint, he can be granted the concession of pre-arrest bail as he has already put in appearance before the summoning court.
This petition is allowed and interim order dated 3.3.2009 is
Cr.Misc. NO. M 5813 of 2009
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hereby confirmed subject to the condition that the petitioner will continue to appear before the trial Court and will not absent himself without any sufficient cause. Learned counsel for the complainant has raised an apprehension that there are chances of petitioner tampering with the evidence or threatening the complainants. In case of any such eventuality, it will always be open to the complainant to approach the court of competent jurisdiction and seek cancellation of bail by establishing the allegations.
May 5 ,2009 TSM
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner who has no specific attribution against him.
Whether the apprehension of tampering with evidence or threatening complainants justifies denying bail without trial.
Kesar Singh
State of Punjab
M.M.S.Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
