Allowed

Lachhman Singh & Ors. v. Kartar Singh

Punjab & Haryana HC5 Mar 2012CRM-M/23979/2011

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed the Criminal Miscellaneous application. It made the interim bail, previously granted by a Coordinate Bench on 18.8.2011, absolute, subject to the petitioners furnishing fresh bail bonds acceptable to the summoning court.

What did the court decide?

Interim bail granted vide order dated 18.8.2011 was made absolute subject to petitioners furnishing fresh bail bonds.

Lachhman Singh & Ors. Vs Kartar Singh — Anticipatory Bail | Punjab & Haryana HC (2012)

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Crl. Misc.-M No.23979 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.23979 of 2011 (O&M) Date of decision: March 05, 2012.

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Lachhman Singh and others

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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.13908 of 2012

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Crl. Misc. application is allowed and Annexure A/1 is taken on record.

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Crl. Misc. M No.23979 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 18.8.2011, had passed the following

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order:-

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“Learned Counsel for the petitioners placed reliance upon an

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Crl. Misc.-M No.23979 of 2011 (O&M)

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earlier order passed by this Court in Criminal Misc.-M No.18121 of 2011 dated 3.6.2011 where other accused have been summoned to face trial in a private complaint filed by the respondent for an incident for which FIR was got registered by Baba Darshan Singh on account of murder of four persons on the side of the petitioners. In the aforesaid petition, while issuing notice of motion on 3.6.2011, interim stay of arrest of the petitioners therein has been granted. Notice of motion for 2.9.2011.

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In the meantime, the petitioners may put in appearance before the Court below and submit their bail bonds.”

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Counsel for the petitioners submits that the petitioners had complied with the order dated 18.8.2011 and had furnished bail bonds to the satisfaction of the summoning Court. In support of this, reliance has been placed upon order dated 26.8.2011 (Annexure A/1). 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 18.8.2011 is made absolute subject to the petitioners' furnishing fresh bail bonds to the satisfaction of the summoning Court.

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March 05, 2012. kadyan

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[ Kanwaljit Singh Ahluwalia ] Judge

Lachhman Singh & Ors. v. Kartar Singh

Case brief

What is this about?

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Lachhman Singh & Ors. v. Kartar Singh

Case brief

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