Allowed a petition for pre-arrest bail, holding that the underlying dispute concerns civil management of Dera property with no evidence of title transfer, thus granting bail.
Petition allowed; petitioner granted pre-arrest bail on satisfaction of the arresting officer subject to all conditions under Section 438(2) Cr.P.C.
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.
Crl. Misc. No.M-15291 of 2011
[1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl. Misc. No. M-15291 of 2011
Date of Decision: September 5, 2011
Dev Singh
…..Petitioner
Vs.
State of Punjab
…..Respondent
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr.Baljinder Singh, Advocate for the petitioner.
Mr. Arshvinder Singh, Addl.A.G., Punjab.
-.-
M.M.S. BEDI, J. (ORAL)
Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Atma Singh alleging that Sohan Gir, Karam Gir, Dharam Gir and Braham Gir sold the land measuring 91 kanals 19 marlas to Maghar Singh and the present petitioner.
Counsel for the petitioner submits that he has got instructions to say on behalf of the petitioner that no property has been transferred in his name and that he does not claim any right or title in the property of Dera.
Crl. Misc. No.M-15291 of 2011
[2]
Petitioner has already joined investigation. As per the police file also no registered document indicating any transfer of the property to the petitioner could be referred to. In view of the dispute being of civil nature regarding the management and proprietorship of the property of dera; petitioner having joined investigation; he can be granted the concession of pre-arrest bail.
The petition is allowed and it is ordered that in case of arrest of the petitioner he is ordered to be released on bail to the satisfaction of the arresting officer subject to all the conditions under Section 438(2) Cr.P.C.
September 5, 2011 (M.M.S.BEDI) sanjay JUDGE
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail in a criminal proceedings relating to a civil dispute regarding management and proprietorship of Dera property.
1 provisions across 1 enactments
Dev Singh
State of Punjab
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
