Allowed

Rakesh Kumar v. State of Punjab

Punjab & Haryana HC6 Aug 2010CRM-M/8180/2010

Case brief

AI extract

What is this about?

The High Court allowed a petition for anticipatory bail under Section 438 Cr.P.C., directing that the petitioner be produced on bail if arrested, subject to standard conditions, and giving him 15 days to seek regular bail after the final report is filed.

What did the court decide?

Petition allowed; petitioner enlarged on bail upon arrest with conditions; directed to seek regular bail within 15 days of final report.

Rakesh Kumar Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Criminal Miscellaneous No. M-8180 of 2010 Date of Decision: August 06, 2010

Rakesh Kumar

.....PETITIONER(S)

VERSUS

State of Punjab

.....RESPONDENT(S)

. . .

CORAM:

HON'BLE MR. JUSTICE AJAI LAMBA

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PRESENT: - Mr. Gourave Bhayyia, Advocate, for the petitioner. Ms. Charu Tuli, Senior Deputy Advocate General, Punjab.

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. . .

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AJAI LAMBA, J (Oral)

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This petition has been filed under Section 438 Cr.P.C. for grant of bail to the petitioner in case FIR No.256 dated 1.12.2009 under Sections 447, 511, 457, 380 IPC registered with Police Station, Haibowal, District Ludhiana.

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Learned counsel for the respondent-State, on instructions from Head Constable Jatinder Singh, states that the petitioner has joined investigation and is no more required for further interrogation.

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In the contention of the learned counsel for the

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Crl. Misc. No. M-8180 of 2010 [2]

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petitioner, the fact that petitioner had entered into an agreement to purchase the house in question, prima facie indicates that it might be a civil dispute and criminal case is being used to pressurise the petitioner.

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Be that as it may, considering the totality of facts and circumstances of the case that petitioner has joined investigation, this petition is allowed.

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Order dated 19.3.2010 is hereby made absolute and it is directed that in the event of arrest, the petitioner shall be enlarged on bail on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions:-

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“(i) The petitioner shall make himself available for interrogation as and when required;

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(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and

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(iii) The petitioner shall not leave India without the previous permission of the Court.”

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This order shall enure till 15 days after the filing of final report under Section 173 Cr.P.C. within which period, the petitioner shall be required to seek regular bail.

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(AJAI LAMBA)

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August 06, 2010 JUDGE avin

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

Rakesh Kumar v. State of Punjab

Case brief

What is this about?

What did the court decide?

Rakesh Kumar v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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