Allowed

Hardial Singh and Ors. v. State of Punjab

Punjab & Haryana HC25 Jan 2012CRM-M/203/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana converted an interim order of anticipatory bail into an absolute order for the petitioners. The court found that the petitioners had joined the investigation, custodial interrogation was no longer necessary, and there were no allegations of absconding or tampering with witnesses.

What did the court decide?

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

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

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

Crl. Misc. No. M- 203 of 2012(O&M) Date of Decision: January 25, 2012.

¶3

Hardial Singh and others.

...... PETITIONER(s)

Versus

State of Punjab.

...... RESPONDENT (s)

¶8

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

¶9

Present: Mr. A.P.S.Shergill, Advocate, for the petitioners.

¶10

Ms. Simsi Dhir Malhotra, DAG, Punjab.

¶11

¶12

RAM CHAND GUPTA, J.(Oral)

¶13

The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.19 dated 30.30.2011, under Sections 336/447/427/506/148/149 IPC and Sections 25/27 Arms Act, 1959, registered at police station Kabarwala, Tehsil Malout, District Sri Muktsar Sahib.

¶14

I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned

¶15

¶16

CRM No.M-203 of 2012

¶17

Sessions Judge, Sri Muktsar Sahib dismissing anticipatory bail application filed on behalf of the petitioners.

¶18

This Court while issuing notice of motion on 04.01.2012 passed the following order:-

¶19

“Crl.M.No.385 of 2012

¶20

Application is allowed subject to all just exceptions.

¶21

Crl.M.No.M-203 of 2012

¶22

Contends that dispute between the parties is civil in nature regarding the alleged water course and that civil suit was filed by complainant party against the present petitioner, Annexure P2, which has since been disposed of and the matter has been referred to Canal Officer, where it is pending. Further contends that as per FIR, only Hardial Singh and Gurcharan Singh were armed with pistol and gun, which were licensed weapons and they have already been deposited by them with the police when they joined the investigation as per order of learned Sessions Judge, Sri Muktsar Sahib. Further contends that no injury even simple injury has been received by anybody from the complainant side.

¶23

Notice of motion to Advocate General, Punjab, for 25.1.2012.

¶24

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.”

¶25

¶26

CRM No.M-203 of 2012

¶27

It has been contended by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 04.01.2012.

¶28

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.

¶29

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

¶30

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 Hardial Singh, Gurcharan Singh and Gurjant Singh is accepted and order dated 04.01.2012 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.

¶31

The present petition stands disposed of accordingly.

¶32

January 25, 2012. ‘om’

¶33

( RAM CHAND GUPTA ) JUDGE

Hardial Singh and Ors. v. State of Punjab

Case brief

What is this about?

What did the court decide?

Hardial Singh and Ors. v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ranjit Kaur etc. Vs State of Punjab

Parminder Singh Vs Ut of Chandigarh

Gurmukh Singh @ Gukhi Vs State of Punjab

Maman and Another Vs State of Haryana

Sheela and Anr. Vs State of Haryana

Sandeep Singh @ Sunny Vs State of Punjab