Allowed

Guljit Singh Alias Kala v. State of Punjab

Punjab & Haryana HC24 Feb 2012CRM-M/2442/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana granted anticipatory bail to the petitioner in an FIR under Sections 457/380 IPC. The court accepted the interim bail order previously passed, making it absolute based on the petitioner's cooperation with the investigation and the absence of risk of absconding or witness tampering.

What did the court decide?

Anticipatory bail application accepted; order dated 25.01.2012 making interim bail absolute is granted.

Guljit Singh Alias Kala Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M- 2442 of 2012(O&M) Date of Decision: February 24, 2012.

Guljit Singh @Kala.

...... 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: Mr. Divjyot Singh Sandhu, Advocate, for the petitioner.

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Ms. Simsi Dhir Malhotra, 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. 160 dated 25.12.2011, under Section 457/380 IPC, registered at police station Sultanpur Lodhi, district Kapurthala.

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CRM No.M-2442 of 2012

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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, Kapurthala dismissing anticipatory bail application filed on behalf of the petitioner.

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This Court while issuing notice of motion on 25.01.2012 passed the following order:-

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“Crl.M.No.5214 of 2012

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Application is allowed subject to all just exceptions.

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Crl.M.No.M-2442 of 2012

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Contends that alleged stolen buffaloes have already been recovered from co-accused and that only allegation against petitioner is that he helped him in transporting the said buffaloes in a tempo.

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Notice of motion to Advocate General, Punjab, for 24.2.2012.

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However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he 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 petitioner that he has already joined the investigation pursuant to said order dated 25.01.2012.

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It has also been stated by learned counsel for the State, on instruction from HC Manjinder Singh, that petitioner has joined the investigation and that he is no more required for any custodial interrogation.

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CRM No.M-2442 of 2012

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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.

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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 Guljit Singh @Kala is accepted and order dated 25.01.2012 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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February 24, 2012. ‘om’

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( RAM CHAND GUPTA ) JUDGE

Guljit Singh Alias Kala v. State of Punjab

Case brief

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Guljit Singh Alias Kala v. State of Punjab

Case brief

What is this about?

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