Allowed

Gurdial Singh and Others v. State of Punjab

Punjab & Haryana HC1 May 2012CRM-M/10945/2012

Case brief

AI extract

What is this about?

Single judge allowed an anticipatory bail application after noting that petitioners had joined investigation and did not require custodial interrogation. The prior order granting interim bail was made absolute subject to Section 438(2) conditions.

What did the court decide?

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

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

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CRM No.M-10945 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M- 10945 of 2012(O&M) Date of Decision: May 1, 2012.

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Gurdial Singh and others.

...... 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. Parminder Pal Sharma, Advocate for Mr. L.S.Sidhu Advocate, for the petitioners.

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Mr. Palwinder Singh, Sr.DAG, Punjab.

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Mr. K.K.Garg, Advocate, for the complainant.

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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.48 dated 07.03.2012, under Sections 420/406/171/120B/467/468 IPC, registered at police station City-1, Mansa.

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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

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CRM No.M-10945 of 2012

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Additional Sessions Judge, Mansa dismissing anticipatory bail application filed on behalf of the petitioners.

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This Court while issuing notice of motion on 20.04.2012 passed the following order:-

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“Contends that allegations against the present petitioners are similar to co-accused Sandeep Kumar and Kulwinder Singh, who have already been granted interim bail by this Court in Crl. M.No.M-9654 of 2012. It is further submitted that even as per allegations in the FIR, no role has been attributed to present petitioners and that they have been implicated in this case because they are closelly related to main accused Sukhwinder Singh @Sukhi, who has already been arrested in this case.

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Notice of motion to Advocate General, Punjab, for 1.5.2012.

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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 20.04.2012.

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It has also been stated by learned counsel for the State, on instruction from HC Satpal Singh, that petitioners have joined the investigation and that they are no more required for any custodial interrogation.

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However, bail application has been opposed by learned counsel

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CRM No.M-10945 of 2012

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for complainant.

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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 on the merits of the case, the anticipatory bail application filed on behalf of Gurdial Singh, Amarjit Kaur, Sukhpal Kaur and Amarjit Kaur is accepted and order dated 20.04.2012 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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( RAM CHAND GUPTA ) JUDGE

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May 1, 2012. ‘om’

Gurdial Singh and Others v. State of Punjab

Case brief

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Gurdial Singh and Others v. State of Punjab

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