The single judge allowed the anticipatory bail petition, making the earlier order absolute subject to Section 438(2) limitations, while noting the investigation status and counsel arguments.
Earlier order dated 19.1.2011 made absolute subject to Section 438(2) limits; petitioner to join investigation.
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. 1574 of 2011
1
In the High Court of Punjab and Haryana, Chandigarh.
CRM-M No. 1574 of 2011 (O&M)
Date of Decision: 10.02.2011
Abhishek and another
....Petitioner
Versus
State of UT, Chandigarh.
....Respondents.
Coram:- Hon'ble Mr. Justice Alok Singh
Present: Mr. G.K. Chaudhary, Advocate for the petitioner.
Mr. Rajeev Sharma, Standing counsel for UT, Chandigarh.
Alok Singh, J (Oral).
Learned counsel for the petitioners has argued that offences under Sections 341/323/427 IPC, are bailable in nature, however, offence under Section 506 IPC, which is non-bailable, has been wrongly added to apprehend the petitioners. He has further argued that uttering the words “if you meet me I will kill you” will not amount to offence under Section 506 IPC.
Learned counsel for the UT, Chandigarh, on instructions from .
CRM-M No. 1574 of 2011
2
ASI Ramesh Chander, states that petitioners have joined investigation, however, 'Danda' is yet to be recovered.
Considering totality of the facts and circumstances of the case, present petition is allowed. Order dated 19.1.2011 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
10.02.2011 sk.
1 issue framed by the court
Whether conditions imposed in the anticipatory bail order should be made absolute.
1 provisions across 1 enactments
Abhishek
State of UT, Chandigarh
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
