In a miscellaneous petition seeking interim bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the court granted absolute bail to petitioners who had already been summoned and executed bail bonds in a counter-blast FIR.
The interim bail granted to the petitioners on 10.5.2011 was made absolute.
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.
Criminal Misc. No. M-14187 of 2011 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-14187 of 2011 (O&M) Date of decision: 20.7.2011
Gurmit Singh and others
.. Petitioners
v.
Santam Singh and another
.. Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. A.S. Manaise, Advocate for the petitioners.
Mr. K. S. Pannu, Deputy Advocate General, Punjab.
Rajesh Bindal J.
While issuing notice of motion on 10.5.2011, the following contentions of learned counsel for the petitioners were noticed:
“It is, inter-alia, contended that FIR No. 52 dated 20.5.2009 under Sections 452, 326, 323, 324, 148 and 149 IPC has been got registered against respondent No. 1 and six others at Police Station Kahnuwan, District Gurdaspur at the instance of Smt. Nirmal Kaur-aunt of petitioner Nos. 3 and 4 to whom serious injuries were caused by respondent No. 1 and his coaccused. However, as a counter-blast thereto, the present criminal complaint was filed after more than 10 days, i.e., on 3.6.2009 in which the petitioners have been summoned. It is contended that no prima-facie case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out as no specific instance satisfying all the
Criminal Misc. No. M-14187 of 2011 [2]
ingredients of the offence is attributed to the petitioners.” Service of respondent No. 1-complainant is complete. The case was taken up twice. However, no one appears for him.
Learned counsel for the petitioners submitted that the petitioners have already put in appearance before the court below and submitted their bail bonds.
Considering the aforesaid facts, the interim bail granted to the petitioners on 10.5.2011 is made absolute.
The petition stands disposed of.
(Rajesh Bindal) Judge
20.7.2011 mk
Gurmit Singh and others
Santam Singh and another
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
