The Single Judge granted pre-arrest bail to the petitioner in a criminal complaint alleging a civil dispute involving a suit for specific performance, subject to conditions for investigation and non-tampering with evidence.
Pre-arrest bail granted, order dated 22.02.2011 made absolute.
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-5608 of 2011
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc. No.M-5608 of 2011. Date of decision: September 15, 2011.
Prem Chand Gupta.
.. Petitioner
VERSUS
State of Punjab.
.. Respondent
CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
PRESENT
Mr.Rajinder Goyal, Advocate, for the petitioner.
Mr.Arshvinder Singh, Addl. A.G., Punjab.
Mr.Vinod Arya, Advocate, for the complainant.
M.M.S.BEDI, J (ORAL)
Heard. Pursuant to the interim order dated 22.02.2011, the petitioner has already joined investigation. This order may be read in continuation of order dated 22.02.2011.
After hearing the learned counsel for the parties, this Court is of the opinion that the FIR has been registered against the petitioner by the complainant after the petitioner had filed a suit for specific performance against the complainant. The dispute prima facie appears to be of civil nature. The petitioner having joined investigation and handed over the relevant documents, he can be
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Crl.Misc. No.M-5608 of 2011
granted the concession of pre-arrest bail. The order dated 22.02.2011, is hereby made absolute subject to the conditions that the petitioner will join the investigation as and when required by the police and will not tamper with the evidence or hamper the investigation, in any manner.
(M.M.S.BEDI) JUDGE
September 15, 2011. rka
...2
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail in a dispute arising from a civil suit for specific performance.
Whether the dispute between the parties is civil in nature justifying bail.
Prem Chand Gupta
State of Punjab
M.M.S.Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
