Allowed

Karam Singh & Anr. v. Kartar Singh

Punjab & Haryana HC5 Mar 2012CRM-M/29875/2011

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter concerning a private complaint involving Sections 307, 325 IPC, the court considered an application for grant of interim bail under Section 438 Cr.P.C. and subsequent acceptance of the petition to make interim bail absolute.

What did the court decide?

The petition Crl. Misc.-M No.29875 of 2011 is accepted; interim bail granted vide order dated 3.10.2011 is made absolute subject to furnishing fresh bail bonds.

Karam Singh & Anr. Vs Kartar Singh — Bail and Remand | Punjab & Haryana HC (2012)

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Crl. Misc.-M No.29875 of 2011 (O&M)

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-: 1 :-

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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.29875 of 2011 (O&M) Date of decision: March 05, 2012.

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Karam Singh and another

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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.13974 of 2012

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Crl. Misc. application is allowed and Annexure P-14 is taken on

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record.

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Crl. Misc. M No.29875 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 3.10.2011, had passed the following

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order:-

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“Learned Counsel for the petitioners submitted that the

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Crl. Misc.-M No.29875 of 2011 (O&M) -: 2 :-

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petitioners have been summoned in a private complaint filed by the complainant after ten months of the incident. The complainant party is accused in FIR got registered against them under Section 302 IPC where four persons were killed. Notice of motion for 18.10.2011.

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In the meantime, the petitioners will put in appearance before the court below on the date already fixed i.e., 12.10.2011 and submit their bail bonds.

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To be taken up with CRM -M No.23979 of 2011 -Lachhman

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Singh and others vs Kartar Singh.”

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Counsel for the petitioners submits that the petitioners had complied with the order dated 3.10.2011 and had furnished bail bonds to the satisfaction of the summoning Court. In support of this, reliance has been placed upon order dated 12.10.2011 (Annexure P-14). 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 3.10.2011 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

Karam Singh & Anr. v. Kartar Singh

Case brief

What is this about?

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Karam Singh & Anr. v. Kartar Singh

Case brief

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