The High Court of Punjab and Haryana confirmed an interim bail order dated 21.5.2010 for the petitioner in a bail application under Section 438 Cr.P.C., noting his compliance with investigation obligations.
The order dated 21.5.2010 granting interim bail to the petitioner was confirmed subject to conditions of Section 438(2) Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Criminal Misc.No. M- 14117 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.No. M- 14117 of 2010 Date of decision:- 9.7.2010
Balbir Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present:Mr. C.L. Verma, Advocate for the petitioner.
Mr. K.D. Sachdeva, Addl.A.G. Punjab
RAM CHAND GUPTA J.(Oral)
The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in FIR No.100 dated 19.6.2009, under Sections 308,341,323,325,148,149 IPC, registered at Police Station Sidhwan Bet, Tehsil and District Ludhiana.
I have heard learned counsel for the parties and have gone through the whole record carefully.
Co-ordinate Bench of this Court while issuing notice of motion on
21.5.2010, passed the following order:-
“Learned counsel for the petitioner contends that the only allegation against the petitioner is that on the date of the incident i.e. on 18.6.2009 at 3.00 p.m. on reaching the place of incident the petitioner raised a lalkara and said that today the complainant side be taught a lesson for harvesting the wheat crop. It is submitted that co-accused of the petitioner have been granted anticipatory bail which has since been confirmed.
Notice of motion for 9.7.2010.
In the meantime, in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal
Criminal Misc.No. M- 14117 of 2010
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bond and surety to the satisfaction of the Arresting/Investigating Officer. The petitioner shall, however, join investigation as and when called and shall abide by the conditions of Section 438(2) Cr.P.C. The petitioner shall join investigation on 26.5.2010 at 10.00 a.m. and continue to do so thereafter as and when called.”
It has been stated by learned counsel for the petitioner that the petitioner has joined the investigation in pursuance of the said order.
It has been stated by learned counsel for the respondent-State that the petitioner has joined the investigation and is no more required for any custodial interrogation.
There are no allegations on behalf of the State that the petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
In view of these facts and without expressing any opinion on the merits of the case, order dated 21.5.2010, granting interim bail to the petitioner Balbir Singh, is, hereby confirmed subject to the compliance of conditions contained in Section 438(2) Cr.P.C.
The present petition stands disposed of accordingly.
July 09, 2010 ( RAM CHAND GUPTA ) vj JUDGE
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner under Section 438 Cr.P.C. given that interim bail was already confirmed and conditions complied with.
Whether the order granting interim bail on 21.5.2010 should be confirmed.
2 provisions across 1 enactments
Balbir Singh
State of Punjab
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
