In a criminal miscellaneous matter, the petitioner, who has joined investigation due to disability, challenged a police raid and FIR. The Single Judge considered submissions and made the interim bail granted on May 31, 2011, absolute, disposing of the petition.
Interim bail granted on May 31, 2011, made absolute; petition disposed of.
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Criminal Misc.-M No. 17108 of 2011
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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Criminal Misc.-M No. 17108 of 2011(O&M) Date of Decision: 12.10.2011
Swaran Singh
...Petitioner
Versus
State of Punjab
..Respondent
CORAM: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. H.S. Rakhra, Advocate for the petitioner. Mr. P.S. Bajwa, Deputy Advocate General, Punjab.
RAJESH BINDAL, J.
While issuing notice of motion on May 31, 2011, following contentions of learned counsel for the petitioner were noticed:-
“Learned counsel for the petitioner states
that as per the prosecution story having received secret information police party has raided house of the petitioner; Seeing the police party, petitioner, having climbed the wall of the house, has escaped from the spot. Learned counsel for the petitioner has vehemently argued that although other members of the family of the petitioner were present in the house, however, they were not taken into custody and no public witness was called during the said raid and recovery of poppy husk. In the normal course family members of the petitioner should have been taken into custody. He has further stated that entire story has been cooked up and false FIR has been
Criminal Misc.-M No. 17108 of 2011
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registered against the petitioner by the police with ulterior motive.”
Learned counsel for the petitioner further submitted that the petitioner has joined investigation. He, in fact, cannot run away because of 30% disability.
Learned counsel for the State did not dispute the fact that the petitioner has joined investigation.
After hearing learned counsel for the parties and considering the submissions made above, interim bail granted to the petitioner on May 31, 2011, is made absolute.
The petition stands disposed of.
(RAJESH BINDAL) JUDGE
12.10.2011 sharmila
2 issues framed by the court
Whether to make the interim bail granted to the petitioner absolute.
Whether the petition should be disposed of.
Swaran Singh
State of Punjab
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
