The High Court accepted a petition for anticipatory bail filed by the petitioner in a multicrime case involving property dispute. The court directed the petitioner to join investigation and made interim bail absolute subject to conditions.
Petition for anticipatory bail accepted; interim bail made absolute subject to conditions.
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CRM No.M-33063 of 2012
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-33063 of 2012 Date of Decision:21.11.2012
Inderjit Singh .....Petitioner
Versus
State of Punjab .....Respondent
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.
Present: Mr.Gulzar Mohd., Advocate, for the petitioner.
Ms.Amarjit Kaur Khurana, Additional Advocate General, Punjab , for the respondent-State.
Mr.Hemen Aggarwal, Advocate, for the complainant.
MEHINDER SINGH SULLAR , J.(oral)
Petitioner-Inderjit Singh son of Buta Singh, has preferred the instant petition for the grant of anticipatory bail in a case registered against him along with his other co-accused, by way of FIR No.113 dated 08.09.2012, on accusation of having committed the offences punishable under Sections 454, 380, 506, 148, 149 and 120-B IPC, by the police of Police Station Kartarpur, District Jalandhar, invoking the provisions of Section 438 Cr.P.C.
through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the instant petition for anticipatory bail deserves to be accepted in this context.
CRM No.M-33063 of 2012 2
“The learned counsel, inter alia, contended that Surjan Singh (since deceased), grand-father of the petitioner, had executed a registered legal valid Will dated 17.12.2010(Annexure P3) in favour of Nirmal Kaur, mother of the petitioner. The complainant Smt.Kulwinder Kaur, who is real sister of his (petitioner) father, has lodged the present false case against the petitioner, in order to usurp their property. The argument is that even Surinder Kaur & others have filed a civil suit (Annexure P7) against the petitioner, his mother & brother, in which, the validity of the same very Will is in question and since the dispute is purely of a civil nature, so, no criminal proceedings can continue against the petitioner. Heard.
Notice of motion be issued to the respondent, returnable for 6.11.2012.
Meanwhile, the petitioner is directed to join the investigation before the next date of hearing. However, it is directed that in the event of his arrest, the Arresting Officer would admit him to bail on his furnishing adequate bail and surety bonds in the sum of Rs.25,000/- to his satisfaction.”
CRM No.M-33063 of 2012 3
circumstances, whether the indicated offences are made out against the petitioner or not, would be a moot point to be decided during the course of trial by the trial Court.
Needless to mention that, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of his bail, in this respect.
November 21, 2012 ( M EHINDER S INGH S ULLAR) seema JUDGE
2 issues framed by the court
Whether the petition for anticipatory bail in a prosecution for offences under IPC Sections 454, 380, 506, 148, 149 and 120-B arising from a property dispute deserves acceptance.
Whether the petitioner's direction to join investigation complies with conditions of bail under Section 438(2) Cr.P.C.
2 provisions across 1 enactments
Inderjit Singh
State of Punjab
Mehender Singh Sullar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
