Jaimal Singh v. State of Punjab
Case brief
What is this about?
Three petitions for bail granted by the High Court of Punjab and Haryana were disposed of by dismissing two requests for regular bail and anticipatory bail as not pressed.
Three petitions for bail granted by the High Court of Punjab and Haryana were disposed of by dismissing two requests for regular bail and anticipatory bail as not pressed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM NO. M-26236 OF 2012 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM NO. M-26236 OF 2012 (O&M) DECIDED ON : 08.11.2012
Jaimal Singh
...Petitioner
versus
State of Punjab
...Respondent
AND
CRM NO. M-29104 OF 2012(O&M)
Jaspal Singh @ Pala
...Petitioner
versus
State of Punjab
...Respondent
AND
CRM NO. M-33521 OF 2012 (O&M)
Paramjit Singh
...Petitioner
versus
State of Punjab
...Respondent
CORAM : HON'BLE MR. JUSTICE K. C. PURI
Present : Mr. A. S. Manaise, Advocate, for the petitioner in CRM No. M-26236 of 2012.
Mr. V. K. Gupta, Advocate, for the petitioner in CRM No. M-29104 of 2012.
Mr. O. S. Batalvi, Advocate, for the petitioner in CRM No. M-33521 of 2012
Mr. Sandeep Chabbra, DAG, Punjab.
CRM NO. M-26236 OF 2012 (O&M)
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K. C. PURI, J. (ORAL)
Vide this common order, I intend to dispose of three petitions bearing CRM No. M-26236 of 2012 titled as, “Jaimal Singh vs. State of Punjab”, CRM No. M-29104 of 2012 titled as, “Jaspal Singh @ Pala vs. State of Punjab”, for grant of regular bail and CRM No. M-33521 of 2012 titled as, “Paramjit Singh vs. State of Punjab”, for grant of anticipatory bail, as all of them have arisen out of the same FIR. The facts are being taken from CRM No. M-26236 of 2012.
The law was set in motion by recording the statement of Sonu Kumar who has stated that on 22.05.2011, in the evening, he was going on his Swaraj Tractor 724 colour Red, bearing Registration No. PB-42-1966, Model 1993, along with trolley loaded with bricks from GT Road, Faridkot to Talwandi Bhai. Sema son of Amarjit Singh and Chaina son of Darshan Singh were also with him. At about 8:00 P.M, when they reached near the bridge of water channel in the area of Chandbaja, they parked the tractor trolley at some distance, ahead of the water channel bridge. When they were consuming water from the water channel, two motorcycles came near the water channel and three persons reached there. Two persons were having Kappas and one person was armed with a pistol. They took two mobile phones of the complainant on the pretext of talking. They had also taken away the tractor. The mobile phones have been recovered from
CRM NO. M-26236 OF 2012 (O&M)
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petitioner Jaimal Singh and Jaspal Singh. On their information, the tractor has also been recovered.
Learned counsel for the petitioner(s) have submitted that no offence under Sections 395 and 397 IPC is made out. The petitioners namely Jaimal Singh and Jaspal Singh @ Pala Singh are in custody since 19.06.2012, although they were arrested on 28.07.2011 in another case. So, the petitioners are entitled for grant of bail.
There is high rising incidents of robberies these days. The trend is required to be curved out with heavy hands.
So no ground for grant of regular bail to the petitioners Jaimal Singh and Jaspal Singh @ Pala Singh and anticipatory bail to Paramjit Singh is made out.
At this stage, learned counsel for petitioners Jaimal
Singh and Jaspal Singh @ Pala do not press the petition.
So, the regular bail petition of petitioners Jaimal Singh and Jaspal Singh @ Pala Singh stands dismissed as not pressed. However, the petition for grant of anticipatory bail qua petitioner Paramjit Singh stands dismissed.
(K. C. PURI) JUDGE
NOVEMBER 08 , 2012 shalini
Jaimal Singh
Jaspal Singh @ Pala
Paramjit Singh
State of Punjab
K. C. PURI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court