Allowed

Dharam Singh @ Dharma Singh v. State of Punjab

Punjab & Haryana HC12 Dec 2012CRM-M/26082/2012

Case brief

AI extract

What is this about?

The petitioner sought anticipatory bail under Section 438 Cr.P.C. charged with offences under Sections 420, 467, 468, and 471 IPC. The court noted a three-year delay in lodging the FIR after the judgment was pronounced and that the petitioner had joined the investigation. Finding no ground for custodial interrogation, the court granted bail and made interim bail absolute.

What did the court decide?

Petition allowed; anticipatory bail granted; ad-interim order dated 03.09.2012 made absolute; petitioner to abide by conditions of Section 438(2) Cr.P.C.

Dharam Singh @ Dharma Singh Vs State of Punjab — Cheque Dishonour | Punjab & Haryana HC (2012)

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Criminal Misc. No.M-26082 of 2012 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No.M-26082 of 2012 (O&M) Date of Decision: 12^th December, 2012

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Dharam Singh @ Dharma Singh

...Petitioner

versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

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Present: Mr.Jagjot Singh, Advocate, for the petitioner. Ms.Harsimrat Rai, Deputy Advocate General, Punjab.

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Naresh Kumar Sanghi, J.

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Prayer in this petition is for grant of anticipatory bail to petitioner-Dharam Singh @ Dharma Singh, who has been booked for having committed the offences punishable under Sections 420 467, 468 and 471, IPC arising out of FIR No.41, dated 10.06.2012, registered at Police Station Phul, District Bathinda.

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Learned counsel for the petitioner submits that in compliance of the order dated 03.09.2012 passed by this Court whereby ad-interim anticipatory bail was granted to the petitioner, the petitioner did appear before the Investigating Officer and joined the investigation. He further submits that the alleged incident of taking of the money from the complainant had taken place 05-06 years prior to the registration of the FIR. He also submits that the judgment by the court below was pronounced on 03.03.2009 and even thereafter, there is a delay

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Criminal Misc. No.M-26082 of 2012 (O&M)

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of more than 03 years in lodging the FIR, therefore, no reliance can be placed on the version of the complainant.

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Learned counsel for the State, on instructions from

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ASI Jarnail Singh, Police Station, Economic Offences Wing, District Bathinda, submits that the petitioner did join the investigation but the alleged amount could not be recovered from him, therefore, his further interrogation is required.

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Heard.

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The alleged occurrence had taken place 05-06 years prior to the lodging of the FIR. The allegation against the petitioner is that he in connivance with his co-accused, Mohinder Singh, charged ` 3,50,000/- from the complainant for getting a favourable decision from the Court. The said decision was pronounced against the complainant on 03.03.2009 while the FIR was lodged on 10.06.2012, i.e after a delay of approximately three years. The petitioner has joined the investigation. No ground for custodial interrogation is made out, therefore, the present petition is allowed. The order dated 03.09.2012 whereby the ad-interim anticipatory bail was granted to the petitioner, is made absoulte.

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The petitioner shall continue to join the investigation as and when required to do so and abide by the conditions laid down under Section 438(2) Cr.P.C.

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(NARESH KUMAR SANGHI) JUDGE

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December 12, 2012 seema

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Criminal Misc. No.M-26082 of 2012 (O&M) ..3..

Dharam Singh @ Dharma Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Dharam Singh @ Dharma Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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