Allowed

Jagtar Singh & Anr. v. State of Punjab

Punjab & Haryana HC15 Jul 2010CRM-M/17424/2010

Case brief

AI extract

What is this about?

The Single Judge granted absolute anticipatory bail to Jagtar Singh and Darshan Singh in a cheating and criminal conspiracy case, noting no risk of absconding or witness tampering, while directing compliance of Section 438(2) conditions.

What did the court decide?

Anticipatory bail application accepted; order granting interim bail made absolute subject to conditions under Section 438(2) Cr.P.C.

Jagtar Singh & Anr. Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M- 17424 of 2010(O&M) Date of Decision: July 15, 2010.

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Jagtar Singh and another

...... PETITIONER(s)

Versus

State of Punjab

...... RESPONDENT(s)

CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Mr. A.S.Dhaliwal, Advocate for the petitioners.

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Mr. Jaspreet Singh, A.A.G., Punjab.

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RAM CHAND GUPTA, J.(Oral)

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The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.51 dated 25.02.2007, under Section 406/420/120-B IPC, registered at Police Station city Moga, District Moga.

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I have heard learned counsel for the parties and have gone through the whole record.

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This Court while issuing notice of motion on 28.06.2010 passed the following order:-

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“Crl.M.No.31143 of 2010

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Application is allowed subject to all just exceptions.

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CRM No.M-17424 of 2010

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Crl.M.No.M-17424 of 2010

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Argues that petitioner has taken loan from the Bank which had already been returned and hypothecation was also cancelled on receipt of total money and that dispute, if any, between the parties is civil in nature.

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Notice of motion for 15.7.2010.

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However, petitioners are directed to join the investigation and in case they are arrested, they shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.”

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It has been stated by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 28.06.2010.

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It has also been stated by learned counsel for the State that petitioners have joined the investigation and that they are no more required for any custodial interrogation.

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There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

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Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Jagtar Singh and Darshan Singh, is accepted and order dated 28.06.2010 granting interim bail in favour of the petitioners is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C.

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The present petition stands disposed of accordingly.

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( RAM CHAND GUPTA ) JUDGE

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July 15, 2010. 'om'

Jagtar Singh & Anr. v. State of Punjab

Case brief

What is this about?

What did the court decide?

Jagtar Singh & Anr. v. State of Punjab

Case brief

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What the court decided

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