Petitioner sought anticipatory bail under Section 438 CrPC in a murder case. Having surrendered and furnished interim bail per a lower court order, this court allowed the petition and made the interim bail absolute without expressing an opinion on merits.
Petition allowed; interim bail furnished by petitioner made absolute.
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Crl. Misc. No. M-18623 of 2010
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-18623 of 2010 Date of Decision: September 06, 2010
Tota Ram
........Petitioner
Versus
Mahender and another ........Respondents
CORAM : HON'BLE MRS. JUSTICE SABINA
Present: Mr. R.M Singh, Advocate, for the petitioner.
Mr. S.K. Yadav, Advocate for respondent No.1
Mr. Satyavir Singh Yadav, DAG, Haryana.
SABINA, J.
Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioner in Criminal Complaint No.32 of 2008/2009 dated 18.11.2008/30.4.2009 under Sections 302/201 of the Indian Penal Code, Police Station Kanina, Tehsil and District Mohindergarh.
At the time of issue of notice of motion, following order dated 02.07.2010 was passed-
“Learned counsel for the petitioner has submitted that, initially,FIR was registered under Section 306 of the Indian Penal code. Petitioner was arrested and was granted regular bail by the trial Court vide order dated 4.2.2004. Thereafter a cancellation report was submitted by the Investigating Agency. On the basis of the Protest Petition filed by the complainant, the petitioner has been ordered to
Crl. Misc. No. M-18623 of 2010
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be summoned to face trial under Section 302/201 of the Indian Penal Code.
Notice of motion for 09.08.2010.
In the meantime, petitioner is directed to surrender before the Judicial Magistrate First Class Mohindergarh and the said Court shall release the petitioner on interim bail subject to the satisfaction.”
Learned counsel for the petitioner has submitted that in pursuance of
the above order, the petitioner is surrendered before the trial Court and has furnished interim bail.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Interim bail furnished to the petitioner in pursuance of the order of this Court is made absolute.
September 6, 2010 G.Arora
(SABINA) JUDGE
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner under Section 438 CrPC in a case involving allegations of murder.
2 provisions across 2 enactments
Tota Ram
Mahender
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
