Petitioners seeking bail in abduction and document forgery case were granted bail with conditions to join investigation and refrain from using documents.
Bail granted subject to joining investigation and not using documents signed by complainant.
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH.
Cr.Misc. 60730 of 2011 Cr.Misc. M 18641 of 2011 (O&M) Date of decision: 8.11.2011
Ashok Kumar and another
Petitioner
vs.
State of Punjab
Respondent
Present: Mr. Ashok Giri, Advocate. Mr. Kirat singh, DAG, Pb Mr. DPS Kahlon, Advocate.
M.M.S.BEDI,J.
The petitioners, pursuant to the interim orders dated 10.6.2011 and 12.9.2011 have joined the investigation. As per the FIR, registered at the instance of Anil Kumar and Dharminder Suri, Anil Kumar had been abducted by 14 people and he was made to sign blank papers and receipts.
Learned counsel for the petitioners has contended that the petitioners have neither used any documents or they are beneficiaries of any document but these have probably been used by the co-accused.
Learned counsel for the complainant has, by moving a misc. application, placed on record few documents, which have been used by co-accused of the petitioners. Counsel for the petitioners, on the instructions of the petitioners has specifically submitted that neither the petitioners are in possession of any documents signed by the complainant nor the petitioners intended to use any documents purported to be signed by the complainant.
Accordingly, the petition is allowed and it is ordered that in case of arrest of the petitioners, they will be released on bail to the satisfaction of the arresting officer subject to the condition that the petitioners will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. They will not use any documents, alleged to have been signed by the complainant to their benefit in any proceedings.
November ,2011 ( M.M.S.BEDI ) TSM JUDGE
3 issues framed by the court
Whether petitioners accused of abetment can be released on bail subject to non-tampering with evidence and usage restrictions.
Can bail be granted on condition that the accused joins the investigation upon arrest?
Whether restrictions on use of documents signed by complainant can be imposed as bail conditions?
1 provisions across 1 enactments
Ashok Kumar
State of Punjab
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
