Allowed

Mohan Singh and Anr. v. State of Punjab and Anr.

Punjab & Haryana HC22 Mar 2010CRM-M/2068/2010

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana accepted an application for anticipatory bail filed by Mohan Singh and Puran Singh. The court confirmed an earlier interim bail order and held that the application stands disposed of subject to trial court conditions.

What did the court decide?

The anticipatory bail application is accepted; the order granting interim bail dated 25.01.2010 is confirmed subject to conditions imposed by the trial court.

Mohan Singh and Anr. Vs State of Punjab and Anr. — 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- 2068 of 2010(O&M) Date of Decision: 22.03.2010.

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Mohan Singh and another.

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...... PETITIONERSS

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Versus

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State of Punjab and another.

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...... RESPONDENTS

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

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Present: Mr. Sukhdev Singh Kanwal, Advocate for the petitioners.

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Mr. Gaurav Garg Dhuriwala, AAG, Punjab.

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RAM CHAND GUPTA, J.(Oral)

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The present petition has been filed by Mohan Singh and Puran Singh for anticipatory Bail under Section 438 of Code of Criminal Procedure in criminal complaint filed by Darshan Lal – respondent No.2 against the present petitioners pending in the court of JMIC, Dasuya, District Hoshiarpur.

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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 25.01.2010 passed the following order:-

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“Argues that dispute between the parties is of civil in nature and that civil suit is already pending since the year 2004.

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Crl.Misc.No.M-2068 of 2010

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Further argues that petitioners are ready to appear before learned trial Court and face trial. Further argues that petitioners are also old person aged about 75 years and 65 years of age.

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Notice of motion for 26.02.2010.

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However, in the meantime, if the petitioners appear before learned trial Court within two weeks from today, they shall be admitted to interim bail by learned trial Court.”

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It has been stated by ld. counsel for the petitioners that petitioners have already appeared before learned trial Court in pursuance of said order and they have been released on bail by learned trial Court on 03.02.2010. Copy of the order dated 03.02.2010 has also been placed on record. It is further contended that petitioners will continue to appear before learned trial Court.

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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 by Mohan Singh and Puran Singh is accepted and order dated 25.01.2010 granting interim bail to the petitioners, is hereby confirmed subject to any conditions that may be imposed by learned trial Court.

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The present petition stands disposed of accordingly.

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March 22, 2010. 'om'

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( RAM CHAND GUPTA ) JUDGE

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Mohan Singh and Anr. v. State of Punjab and Anr.

Case brief

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Mohan Singh and Anr. v. State of Punjab and Anr.

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