The High Court recalled an order dismissing a petition for non-prosecution and granted bail to the petitioner upon furnishing a bond and surety, noting that the petitioner had reimbursed the complainant.
Bail granted on personal bond and surety; earlier order for non-prosecution recalled.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-31448 of 2011 and Criminal Misc. No.16901 of 2010 .....
Date of decision:8.7.2011
Balwinder Singh
.....Petitioner v.
State of Punjab
.....Respondent
Present: Mr. R.S. Athwal, Advocate for the petitioner.
Mr. U.S. Dhaliwal, Additional Advocate General, Punjab for the respondent-State.
Mr. Dharminder Singh Randhawa, Advocate for the complainant.
S.S. Saron, J.
Learned counsel for the petitioner has tendered draft No.824183 dated 28.5.2011 drawn on Syndicate Bank, Roopnagar payable at Patiala in favour of Balbir Singh (complainant). The said draft is accepted by learned counsel appearing for the complainant with complainant in person. It is accepted position that the entire amount that was to be paid by the petitioner to the complainant has been paid.
Keeping in view the aforesaid facts and circumstances, the order dated 19.4.2011 dismissing the petition for non-prosecution is recalled and the petitioner in the event of his arrest shall be admitted to bail on his furnishing personal bond and surety to the satisfaction of arresting/
Cr. Misc. No.M-31448 of 2011 and Cr. Misc. No.16901 of 2010
[2]
investigating officer. The petitioner shall, however, join the investigation as and when called and shall abide by the conditions of Section 438(2) Cr.P.C.
The criminal miscellaneous petition stands disposed of.
July 8, 2011.
(S.S. Saron) Judge
hsp
1 issue framed by the court
Whether bail to the petitioner should be granted after the entire amount paid to the complainant was reimbursed.
Balwinder Singh
State of Punjab
S.S. Saron
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
