Allowed

Pala Singh v. State of Punjab

Punjab & Haryana HC14 Jul 2010CRM-M/17546/2010

Case brief

AI extract

What is this about?

The single judge accepted the anticipatory bail application of Pala Singh under Section 438 Cr.P.C. and converted the interim bail order of 29.06.2010 into an absolute bail order. The court noted the petitioner had joined the investigation and there were no allegations of absconding or witness tampering.

What did the court decide?

The anticipatory bail application was accepted and the interim bail order dated 29.06.2010 was made absolute subject to conditions under Section 438(2) Cr.P.C.

Pala Singh 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- 17546 of 2010(O&M) Date of Decision: July 14, 2010.

Pala Singh

...... PETITIONER(s)

Versus

State of Punjab

...... RESPONDENT(s)

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

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Present: Mr. Ashish Gupta, Advocate for the petitioner.

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Mr. K.D.Sachdeva, Addl.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.56 dated 29.05.2010, registered under Sections 420 IPC and 13A/3/67 of the Gambling Act, registered at Police Station Kot Kapura Sadar, District Faridkot.

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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 29.06.2010 passed the following order:-

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“Crl.M.No.31279 of 2010

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Application is allowed subject to all just exceptions.

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CRM No.M-17546 of 2010

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Crl.M.No.M-17546 of 2010

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Argues that offence under Sections 13A/3/67 of the Gambling Act is a bailable one and that offence under Section 420 IPC has been added without any basis just to make the case for non-bailable offences.

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Notice of motion for 14.7.2010.

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However, petitioner is directed to join the investigation and in case he is arrested, he 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 petitioner that petitioner has already joined the investigation pursuant to said order dated 29.06.2010.

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It has also been stated by learned counsel for the State that petitioner has joined the investigation and that he is no more required for any custodial interrogation.

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There are no allegations on behalf of the State that 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.

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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 Pala Singh, is accepted and order dated 29.06.2010 granting interim bail in favour of the petitioner 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 14, 2010. 'om'

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CRM No.M-17546 of 2010 3

Pala Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Pala Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

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