Disposed

Amrik Singh and Anr. v. Malkiat Singh and Anr.

Punjab & Haryana HC23 Aug 2011CRM-M/11041/2011

Case brief

AI extract

What is this about?

The High Court, in a criminal miscellaneous matter, directed the petitioners (NRIs) to submit to the trial court's jurisdiction within three months and seek bail, imposing conditions to prevent absconding, while allowing transit bail upon their return.

What did the court decide?

Directed petitioners to submit to trial court jurisdiction within three months for bail consideration, furnish undertaking against absconding, and allow transit bail upon entry.

Amrik Singh and Anr. Vs Malkiat Singh and Anr. — Bail and Remand | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl.Misc.No.M-11041 of 2011 (O&M)

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Date of decision : 23.8.2011

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Amrik Singh and another

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....Petitioners

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Versus

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Malkiat Singh and another

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...Respondents

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CORAM : HON'BLE MR.JUSTICE MAHESH GROVER

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Present: Mr.H.S.Dhindsa, Advocate with Mr.Harsimran Singh Sethi, Advocate for the petitioners.

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MAHESH GROVER, J.

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It has been contended by the learned counsel for the petitioners that the dispute inter se between the parties is civil in nature and the petitioners have been agitating against respondent No.1 for getting their premises evicted. They have stated that they are NRIs and the proclamation against them has been carried out at the local address of the power of attorney and thus they did not have any information.

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Prima facie, this court is not convinced that the petitioners were not having any knowledge of the proclamation especially when they were litigating with respondent No.1 for the last 10 years and the petitioners had the power of attorney to take care of their matters. Be that as it may, considering the fact that the learned counsel for the

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Crl.Misc.No.M-11041 of 2011 (O&M) -2-

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petitioners has contended that they are willing to return to the country and face the proceedings, I am of the opinion that this petition can be disposed of with the following observations :-

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i) That the petitioners shall submit themselves to the jurisdiction of the learned trial Court within a period of three months from today, and make a prayer for bail which shall be considered by the court on the very same day, and in the eventuality of the trial court coming to the conclusion that the petitioners deserve the concession of bail, it shall impose heavy surety so as to obviate any future default. The Court shall keeping in mind the fact that the petitioners are NRIs and it may be difficult to procure their presence.

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ii) The petitioners shall also be required to furnish an undertaking that they will not abscond and shall associate themselves with the trial.

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iii) The trial Court shall also be free to impose any other condition that it may deem fit in the the given set of circumstances keeping in view the above indicatives.

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iv) Upon the entry of the petitioners in the country, they shall be entitled to transit bail to the satisfaction of the arresting officer so as to appear before the trial Court.

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Crl.Misc.No.M-11041 of 2011 (O&M) -3-

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Disposed of accordingly.

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23.8.2011 (MAHESH GROVER) JUDGE dss

Amrik Singh and Anr. v. Malkiat Singh and Anr.

Case brief

What is this about?

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Amrik Singh and Anr. v. Malkiat Singh and Anr.

Case brief

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