Allowed

Vijay Kumar v. State of Punjab

Punjab & Haryana HC4 May 2012CRM-M/10501/2012

Case brief

AI extract

What is this about?

The Court accepted the petitioner's anticipatory bail application under Section 438 Cr.P.C. The interim bail granted earlier was made absolute since no grounds for further detention existed and the petitioner had joined the investigation.

What did the court decide?

Petitioner's anticipatory bail application accepted; interim bail made absolute subject to conditions of Section 438(2) Cr.P.C.

Vijay Kumar Vs State of Punjab — Cheating and Forgery | Punjab & Haryana HC (2012)

¶1

CRM No.M-10501 of 2012

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

Crl. Misc. No. M- 10501 of 2012(O&M) Date of Decision: May 4, 2012.

Vijay Kumar Patwari.

...... PETITIONER(s)

Versus

State of Punjab.

...... RESPONDENT (s)

¶10

CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA

¶11

Present: Mr. Satnam Singh Gill, Advocate, for the petitioner.

¶12

Mr. Sumeet Abrol, AAG, Punjab.

¶13

¶14

RAM CHAND GUPTA, J.(Oral)

¶15

The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no. 147 dated 14.10.2011, under Sections 420/467/468/471/120B IPC, registered at police station City Batala, District Batala.

¶16

CRM No.M-10501 of 2012

¶17

¶18

I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Gurdaspur dismissing anticipatory bail application filed on behalf of the petitioner.

¶19

This Court while issuing notice of motion on 19.04.2012 passed the following order:-

¶20

“Crl.M.No.21555 of 2012

¶21

Application is allowed subject to all just exceptions. Crl.M.No.M-10501 of 2012

¶22

Contends that petitioner had not issued jamabandi to coaccused Rashpal and rather the same was issued by his predecessor Bhupinder Singh Patwari. He further contends that even Bhupinder Singh issued correct jamabandi as the mortgage already stood redeemed as the loan of the bank was paid and letter was issued by the bank for redeeming the mortgage. It is further contended that moreover dispute between complainant and co-accused is civil in nature and that the main accused Rashpal Singh has already been granted bail by this Court vide order dated 28.3.2012 passed in Crl.M.No.M-5158 of 2012.

¶23

Notice of motion to Advocate General, Punjab, for 4.5.2012.

¶24

However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438 (2) Cr.P.C.”

¶25

It has been contended by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated

¶26

CRM No.M-10501 of 2012

¶27

¶28

19.04.2012.

¶29

It has also been stated by learned counsel for the State that petitioner has joined the investigation and that he is no more required for any custodial interrogation.

¶30

There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

¶31

Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Vijay Kumar Patwari is accepted and order dated 19.04.2012 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C.

¶32

The present petition stands disposed of accordingly.

¶33

May 4, 2012. ‘om’

¶34

( RAM CHAND GUPTA ) JUDGE

Vijay Kumar v. State of Punjab

Case brief

What is this about?

What did the court decide?

Vijay Kumar v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mattu Pardhan @ Nikka Vs State of Haryana

Harjatinder Sharma Vs Ut of Chandigarh

Paramjit Singh Vs State of Punjab

Jagjit Singh and Another Vs State of Punjab

Gora Singh Alias Gurdev Singh Vs State of Punjab

Karambir Singh Vs State of Punjab