Dismissed

Talwinder Singh v. State of Punjab

Punjab & Haryana HC17 Jan 2012CRM-M/1578/2012

Case brief

AI extract

What is this about?

The single judge dismissed the petition for anticipatory bail under Section 438 Cr.P.C. on the ground that the petitioner failed to comply with a previous order to surrender and move a bail application, deeming the petition devoid of merit without expressing an opinion on merits.

What did the court decide?

The petition for anticipatory bail under Section 438 Cr.P.C. was dismissed.

Talwinder Singh Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2012)

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Crl.M.No.M-1578 of 2012(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl.M.No.M-1578 of 2012(O&M) Date of Decision: January 17, 2012

Talwinder Singh

.....Petitioner

State of Punjab

.....Respondent

CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Mr.Pardeep Rajput, Advocate for the petitioner.

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.....

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RAM CHAND GUPTA, J.(Oral)

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The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.111, dated 6.6.2010, under Sections 494, 323, 500, 34 IPC, registered at Police Station `A', Division Amritsar.

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I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order dated 9.12.2011 passed by learned Additional Sessions Judge, Amritsar, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed.

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Briefly stated, petitioner is facing trial in the aforementioned FIR before Judicial Magistrate Ist Class, Amritsar. On 4.10.2011, the case was fixed for consideration of charge. However, co-accused Kulwant Kaur appeared, whereas present petitioner-accused absented and hence, his bail bonds and surety bonds were cancelled and forfeited to the State and he was ordered to be summoned for 9.12.2011. Petitioner filed petition under Section 438 Cr.P.C. before learned Additional Sessions Judge, Amritsar,

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Crl.M.No.M-1578 of 2012(O&M)

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who passed order Annexure P1, directing petitioner to surrender before learned trial Court within one week on any working day and move an application for bail, which would be decided on the same day. However, inspite of complying with the said order passed by learned Additional Sessions Judge, Amritsar, petitioner has filed another petition before this Court. Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused.

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Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitionerTalwinder Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.

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(Ram Chand Gupta) Judge

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17.1.2012 meenu

Talwinder Singh v. State of Punjab

Case brief

What is this about?

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Talwinder Singh v. State of Punjab

Case brief

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