Allowed

Moti Sagar and Ors. v. State of Punjab

Punjab & Haryana HC10 May 2012CRM-M/11961/2012

Case brief

AI extract

What is this about?

This is an oral order granting anticipatory bail to three petitioners in a criminal matter involving cheque bounce allegations. The High Court made the interim bail order absolute after ascertaining that the petitioners had joined the investigation and posed no flight risk.

What did the court decide?

The anticipatory bail application is accepted and the interim bail order from 26.04.2012 is made absolute subject to conditions under Section 438(2) Cr.P.C.

Moti Sagar and Ors. Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2012)

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CRM No.M-11961 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M- 11961 of 2012(O&M) Date of Decision: May 10, 2012.

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Moti Sagar 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: Mrs. G.K.Mann, 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.18 dated 12.01.2012, under Section 420 IPC, registered at police station Civil Lines, Amritsar.

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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, Amritsar dismissing anticipatory bail application filed on behalf of the petitioners.

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CRM No.M-11961 of 2012

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This Court while issuing notice of motion on 26.04.2012 passed

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the following order:-

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“Crl.M.No.24344 of 2012

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Application is allowed subject to all just exceptions. Crl.M.No.M-11961 of 2012

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Contends that parties are closely related. Complainant is brother-in-law of petitioner No.1 and there was some dispute. Civil suit was filed against brothers of petitioner No.1 by Santosh Rani, wife of complainant. It is further submitted that in fact, loan was taken on the basis of the impugned sale deed in favour of wife of complainant by Vijay Kumar, complainant himself and later on he repaid the same. It is also contended that sale deed is also in possession of Vijay kumar, complainant.

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Notice of motion to Advocate General, Punjab for 10.05.2012.

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However, in the meantime, petitioners are directed to join the investigation and in case of their arrest, they shall be released on interim bail to the satisfaction of the arresting officer 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 26.04.2012.

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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

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CRM No.M-11961 of 2012

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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 Moti Sagar, Gurpal Singh and Jaswinder Singh is accepted and order dated 26.04.2012 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.

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The present petition stands disposed of accordingly.

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( RAM CHAND GUPTA ) May 10, 2012. JUDGE ‘om’

Moti Sagar and Ors. v. State of Punjab

Case brief

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Moti Sagar and Ors. v. State of Punjab

Case brief

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