The High Court at Chandigarh disposed of an anticipatory bail petition. The court held that since the petitioners had surrendered and furnished bail bonds, the anticipatory bail order was made absolute under Section 438(2) Cr.P.C.
Order dated 15.11.2010 was made absolute making anticipatory bail unconditional.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc.No.M-32613 of 2010
DATE OF DECISION: December 01, 2010
Balwinder Singh and another
…..Petitioners
versus
State of Punjab and another
.....Respondents
CORAM:HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr.Jaswinder Singh, Advocate for the petitioners
Mr.Uttam Singh Dhaliwal, Addl. Advocate General, Punjab
Mr.G.S. Brar, Advocate for respondent No.2 ..
RAJAN GUPTA, J. : (Oral)
This is a petition under Section 438 of the Code of Criminal Procedure seeking anticipatory bail in complaint case No.17/17.4.2010 under sections 376,34 IPC pending before Sub Divisional Judicial Magistrate, Sardulgarh.
Learned counsel for the petitioners submits that pursuant to order dated 15.11.2010, the petitioners have surrendered before the trial court and furnished bail bonds. This contention is not disputed by learned counsel representing the respondents
Under the circumstances, order dated 15.11.2010 is made absolute subject to the conditions as envisaged under Section 438 (2) Cr.P.C.
The petition stands disposed of.
December 01, 2010 ( RAJAN GUPTA ) pc JUDGE
1 issue framed by the court
Whether to make anticipatory bail order absolute after surrender by the petitioners.
Balwinder Singh
State of Punjab
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
