Allowed

Jagjit Singh and Another v. State of Punjab

Punjab & Haryana HC4 May 2012CRM-M/10600/2012

Case brief

AI extract

What is this about?

This single-judge order granted anticipatory bail to the petitioners under Section 438 Cr.P.C. The Court held that since the petitioners had joined the investigation and the State offered no allegations of absconding or witness tampering, the interim bail order was made absolute.

What did the court decide?

Anticipatory bail application accepted; interim bail order dated 19.04.2012 made absolute subject to conditions under Section 438(2) Cr.P.C.

Jagjit Singh and Another Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2012)

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CRM No.M-10600 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M- 10600 of 2012(O&M) Date of Decision: May 4, 2012.

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Jagjit Singh and another.

...... PETITIONER(s)

Versus

State of Punjab

...... RESPONDENT (s)

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

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Present: Mr. G.P.S.Randhawa, Advocate, for the petitioners.

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Mr. Palwinder Singh, Sr.DAG, Punjab.

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RAM CHAND GUPTA, J.(Oral)

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The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no. 46 dated 11.06.2011, under Sections 419/420 IPC, registered at police station Fatehgarh Churian, Police District Batala.

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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 petitioners.

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CRM No.M-10600 of 2012

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

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“Crl.M.No.21782 of 2012

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Application is allowed subject to all just exceptions. Crl.M.No.M-10600 of 2012

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Contends that it is not a case of impersonation and rather Arjun Singh, who was owner of the land in dispute, himself executed sale deed in favour of present petitioners and that neither Arjun Singh nor any family member of Arjun Singh had disputed the said sale deed.

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

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However, in the meantime, petitioners are directed to join the investigation and in case they are arrested, they 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.”

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It has been contended by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 19.04.2012.

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It has also been stated by learned counsel for the State that petitioners have joined the investigation and that they are no more required for any custodial interrogation.

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

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Hence, in view of these facts and without expressing any opinion

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CRM No.M-10600 of 2012

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on the merits of the case, the anticipatory bail application filed on behalf of Jagjit Singh and Kuldip Singh is accepted and order dated 19.04.2012 granting interim bail in favour of the petitioners is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C.

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The present petition stands disposed of accordingly.

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May 4, 2012. ‘om’

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( RAM CHAND GUPTA ) JUDGE

Jagjit Singh and Another v. State of Punjab

Case brief

What is this about?

What did the court decide?

Jagjit Singh and Another v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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