Allowed

Dilbagh @ Darbara Singh and Anr. v. State of Punjab

Punjab & Haryana HC15 Jul 2010CRM-M/18074/2010

Case brief

AI extract

What is this about?

The single-judge bench considered an application for anticipatory bail under Section 438 Cr.P.C. Noting that petitioners joined the investigation and the State indicated no need for custodial interrogation, the court made the interim bail order absolute.

What did the court decide?

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

Dilbagh @ Darbara Singh and 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-18074 of 2010 (O&M) Date of Decision: July 15, 2010.

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Dilbagh @Darbara 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. G.S.Gill, Advocate for the petitioners.

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

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Mr. Vivek Goyal, Advocate for the complainant.

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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.78 dated 21.05.2010, under Sections 307/324/323/148/149 IPC and Sections 25/27 of Arms Act, registered at Police Station Sadar Malout, District Muktsar.

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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 30.06.2010 passed the following order:-

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“Crl.M.No.32038 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.32039 of 2010

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Application is allowed. Annexures P-1 to P-5, P-8 to P12 are taken on record. Crl.M.No.M-18074 of 2010

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Argues that it is a case of version and cross version and serious injuries were received by the petitioners and cross case was also registered against complainant-party on the statement of Dilbagh @Darbara Singh, petitioner No.1. Further argues that from the complainant side only Jasvir Singh received head injury which has been attributed to Bhupinder Singh, non-applicant and that injuries received by injured Avtar Singh and Jalbhinder Singh are on non-vital part and that there is no fire-arm injury.

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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 30.06.2010.

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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 dep osing 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 Dilbagh @Darbara Singh and Kulwinder Singh, is accepted and order dated 30.06.2010 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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July 15, 2010. 'om'

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( RAM CHAND GUPTA ) JUDGE

Dilbagh @ Darbara Singh and Anr. v. State of Punjab

Case brief

What is this about?

What did the court decide?

Dilbagh @ Darbara Singh and Anr. v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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