The High Court at Chandigarh allowed a petition under Section 438 CrPC for anticipatory bail. Quashing the interim bail order dated 31.3.2010, the court made the interim bail absolute without expressing an opinion on the merits of the underlying criminal charges.
The petition was allowed and the interim bail order dated 31.3.2010 was made absolute.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-9558 of 2010(O&M) Date of decision: 13.7.2010
Dharminder Kumar @ Sony
......Petitioner
Versus
State of Punjab
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Vishal Aggarwal, Advocate, for the petitioner.
Mr.Amandeep Singh Rai, AAG, Punjab.
SABINA, J.
This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 138 dated 8.3.2010, under Sections 336/ 148/ 149 of the Indian Penal Code and Section 25 of the Arms Act, 1959 at Police Station Sadar Patiala.
While issuing notice of motion, the following order was passed by this Court on 31.3.2010:-
“ Learned counsel for the petitioner has
submitted that it was a case of no injury to any person.
Notice of motion for 13.7.2010.
Criminal Misc. No.M-9558 of 2010(O&M) -2-
In the meantime, in the event of arrest, the petitioner be admitted to interim bail subject to the satisfaction of the Arresting Officer. He shall abide by the conditions envisaged under Section 438 (2) of the Code of Criminal Procedure.”
Learned State counsel, on instructions from HC Surinder Singh, has submitted that the petitioner has joined investigation in terms of the order reproduced above.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed and the order granting interim bail dated 31.3.2010 is made absolute.
(SABINA) JUDGE
July 13, 2010 anita
1 issue framed by the court
Whether to grant anticipatory bail in the circumstances of the case.
2 provisions across 1 enactments
Dharminder Kumar @ Sony
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
