Single Judge Court allowed an anticipatory bail application pending in an FIR under Sections 323/324/452/148/149 IPC. The court made a previous order absolute on condition that the accused participates in investigations as required.
The application is allowed; the previous order is made absolute subject to Section 438(2) CrPC limitations.
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.
CRM-M No.106 of 2011
1
In the High Court of Punjab and Haryana, Chandigarh.
CRM-M No.106 of 2011 (O&M)
Date of Decision: 05.04.2011
Simranjot Singh
....Petitioner
Versus State of Punjab
....Respondents.
Coram:- Hon'ble Mr. Justice Alok Singh
Present: Mr. Kamal Grover, Advocate for the petitioner.
Mr. T.S. Solar, DAG, Punjab for the State.
Alok Singh, J (Oral).
This is an application seeking anticipatory bail in case FIR No.124 dated 17.11.2005 under Sections 323/324/452/148/149 IPC, P.S. Div. No.2, Ludhiana.
Learned counsel for the petitioner states that the petitioner has been enlarged on bail pursuant to the directions issued by this Court dated 4.1.2011. He further states that in compliance of order dated 4.1.2011, petitioner has deposited Rs.5000/- with the Punjab State Legal Services Authority.
CRM-M No.106 of 2011
2
Learned Deputy Advocate General, Punjab, on instructions of HC Sukwinder Singh states that the petitioner has joined investigation and custodial interrogation of the petitioner is not required.
Considering totality of the facts and circumstances of the case, present petition is allowed. Order dated 4.1.2011 is made absolute, subject to the limitations provided under Section 438(2) of the Code. Petitioner – accused shall participate in the investigation as and when he is required.
( Alok Singh ) Judge
05.04.2011 sk.
3 issues framed by the court
Whether the petitioner's anticipatory bail application should be allowed given the total facts and circumstances of the case.
Whether the previous order enlarging the petitioner on bail should be made absolute subject to statutory limitations.
Whether the petitioner is required to participate in investigation as and when required.
1 provisions across 1 enactments
Simranjot Singh
State of Punjab
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
