Single judge rejected an order managing an application for anticipatory bail filed by Balwant Singh alias Bachittar Singh without evaluating the merits of his case regarding alleged name fraud.
The petition for anticipatory bail/right to bail was dismissed without making any observation on merits.
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-13672-2011 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-13672-2011 (O&M) Date of decision:23.08.2011.
Balwant Singh alias Bachittar Singh ...Petitioner Versus State of Punjab ...Respondent
CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN
Present: Mr. D.S.Pheruman, Advocate, for the petitioner.
Mr. A.S.Rai, DAG, Punjab.
Mr. Deepak Nayyar, Advocate, for the complainant.
RAKESH KUMAR JAIN, J.
In this petition, the petitioner has prayed for grant of pre-arrest bail in a case registered vide FIR No.11 dated 10.02.2011, under Section 420 IPC at Police Station Maqboolpura, District Amritsar.
Basically, the allegation against the petitioner is that he has changed his name from Balwant Singh to Bachittar Singh and that he has been voter in electoral roll of the year 2003 as Balwant Singh and in the electoral roll of the year 2009 as Bachittar Singh. It is alleged that he has played a fraud by changing his name.
Learned counsel for the petitioner has submitted that the petitioner was also known as Balwant Singh alias Bachittar singh, therefore, there is no question of any fraud. However, learned State Counsel has submitted that the petitioner was convicted under Section 302/34 IPC for imprisonment for life and a fine of 2,000/- and in default thereof, for 2 years R.I., under Section 325/149 IPC for 2 years R.I. and a fine of 200/- and in default thereof, for 2 months R.I. and under Section
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CRM-M-13672-2011 (O&M)
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148 IPC for one year R.I., which was modified in Criminal Appeal No.806/76 by the Division Bench of this Court vide its order dated 28.02.1979 as he was acquitted of the charge under Section 302/34 IPC and convicted under Section 324/34 IPC for causing injuries to Puran Singh (deceased). It is further alleged that he was working in the office of Food Corporation of India and has been dismissed vide order dated 10.06.2011 in terms of Clause 16(2)(c)(i) of the Food Corporation of India Standing Orders (Conditions of Service) for their Industrial Establishments on the ground that he had not only concealed the fact of his conviction and imprisonment while taking up the job but also intentionally and purposely concealed his real name Balwant Singh.
Keeping in view the facts and circumstances of the case but without making any observation on merits, I do not find that the petitioner deserves any concession of anticipatory bail.
Hence, the present petition is dismissed.
August 23, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE
1 issue framed by the court
Whether the petitioner deserves anticipatory bail or pre-arrest bail in the undermentioned case registered under Section 420 IPC.
Balwant Singh alias Bachittar Singh
State of Punjab
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
