Court disposed of an anticipatory bail petition in a criminal case alleging property dispute. It confirmed a previous order finding the petitioners were explaining to join investigation and cooperating, noting pending civil litigation.
Petition stands disposed; order dated 3.6.2011 confirmed.
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 18006 OF 2011
Maninder Singh and others vs State of Haryana
Present : Mr. A.P.S.Shergill, Advocate for the petitioners.
Mr. Manmohan Sikka, DAG Haryana
The petitioners seek grant of anticipatory bail in case FIR No.177, dated 2.11.2009, registered under Sections 148, 149, 323, 379, 506 of the IPC, at Police Station Ladwa, District Kurukshetra.
On 3.6.2011, the following contentions were noticed :-
“ Counsel for the petitioners on the basis of demarcation report (Annexure P-8) states that the possession was handed over to the petitioners on 10.12.2007. After getting the possession of the land in question the petitioners were in possession thereof. The allegations made in the FIR are totally unsustainable in the light of the documentary proof in favour of the petitioners. He further contends that the petitioners are ready and willing to join investigation and cooperate with the same.”
Counsel for the respondent, on instructions from ASI Raj
Kumar, states that the petitioners have joined the investigation.
In view of the convoluted civil litigation pending between the parties, I deem it appropriate to confirm the order dated 3.6.2011. So ordered.
Petition stands disposed of.
( AJAY TEWARI ) August 10, 2011. JUDGE `kk'
2 issues framed by the court
Whether anticipatory bail should be granted in a case involving civil dispute over land possession pending investigation.
Whether the petitioners' statement of joining investigation is sufficient to confirm the lower order.
Maninder Singh and others
State of Haryana
AJAY TEWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
