Allowed

Jassa Singh & Anr. v. Kartar Singh

Punjab & Haryana HC5 Mar 2012CRM-M/18121/2011

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana granted absolute anticipatory bail to the petitioners in a complaint case under Sections 307, 325 IPC, relying on principles that bail should be granted in complaint cases absent compelling reasons against it.

What did the court decide?

Present petition accepted; interim bail granted by a Coordinate Bench on 3.6.2011 made absolute subject to furnishing fresh bail bonds to the satisfaction of the summoning court.

Jassa Singh & Anr. Vs Kartar Singh — Anticipatory Bail | Punjab & Haryana HC (2012)

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Crl. Misc.-M No.18121 of 2011 (O&M)

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc.-M No.18121 of 2011 (O&M) Date of decision: March 05, 2012.

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Jassa Singh and another

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... Petitioner(s)

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Kartar Singh

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... Respondent(s)

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CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Present: Shri Sudhir Sharma, Advocate, for the applicant-petitioners.

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Shri R.S. Bains, Advocate for the respondent.

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Kanwaljit Singh Ahluwalia, J. (Oral):

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Crl. Misc. No.13937 of 2012

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Crl. Misc. application is allowed and Annexure P-12 is taken on record.

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Crl. Misc. M No.18121 of 2011

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Present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioners in a complaint case bearing No.106T of 2008 dated 23.7.2008, titled as Kartar Singh Vs. Balbir Singh and others, under Sections 307, 325, 324, 323, 148, 149 IPC, Police Station Civil Lines, Patiala, pending in the Court of JMIC, Patiala.

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A Coordinate Bench, on 3.6.2011, had passed the following

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order:-

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“Learned Counsel for the petitioners states that complainant

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Crl. Misc.-M No.18121 of 2011 (O&M)

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-: 2 :-

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party is facing trial for an offence punishable under Section 302 IPC for the murder of four persons. He has further stated that in the present case, complaint has been filed after 10 months from the incident and petitioners are summoned by the Summoning Court.

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Notice of motion for 14.07.2011.

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Meanwhile, it is directed that petitioners shall appear/surrender before the Summoning Court on the date fixed and shall be enlarged on bail on furnishing their personal bonds and two surety bonds each to the satisfaction of the learned Summoning Court.”

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Counsel for the petitioners submits that the petitioners had

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complied with the order dated 3.6.2011 and had furnished bail bonds to the satisfaction of the summoning Court. In support of this, reliance has been placed upon order dated 2.7.2011 (Annexure P-12). Counsel has further relied upon Maninder Kaur and others v. Teja Singh 2002(1) All MR (crl) 474, to contend that in a complaint case, bail should ordinarily be granted until there are compelling reasons otherwise. Shri R.S. Bains, Counsel appearing for the complainant- respondent, has not been able to state any compelling reasons to withdraw the interim bail granted to the petitioners.

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After hearing Counsel for the parties, present petition is accepted. Interim bail granted to the petitioners vide order dated 3.6.2011 is made absolute subject to the petitioners' furnishing fresh bail bonds to the satisfaction of the summoning Court.

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[ Kanwaljit Singh Ahluwalia ] Judge

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March 05, 2012. kadyan

Jassa Singh & Anr. v. Kartar Singh

Case brief

What is this about?

What did the court decide?

Jassa Singh & Anr. v. Kartar Singh

Case brief

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