This common order accepted three bail petitions excepted one petitioner. While interim bail granted earlier was made absolute for most petitioners, the petition of Makhan Singh was dismissed.
Interim bail granted to petitioners was made absolute subject to fresh bonds; petition of Makhan Singh dismissed.
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.
In the High Court of Punjab and Haryana, at Chandigarh
| 1. | Criminal Misc. | No. | M- 38794 of 2011 |
|---|---|---|---|
| Sukhdev Singh alias Maghu | Singh and Another | ... Petitioners | |
| Versus | |||
| State of Punjab and Another | ... Respondents | ||
| 2. | Criminal Misc. | No. | M- 3881 of 2012 |
| Mohinder Singh and Another | ... Petitioners | ||
| Versus | |||
| Satpal Singh and Another | ... Respondents | ||
| AND | |||
| 3. | Criminal Misc. | No. | M- 5260 of 2012 |
| Gurjeet Singh and Others | ... Petitioners | ||
| Versus | |||
| Satpal Singh and Another | ... Respondents |
Date of Decision: 2.4.2012
CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. G.S. Sidhu, Advocate for the petitioner(s).
Ms. Jaspreet Kaur, Assistant Advocate General, Punjab, for the respondent/State.
None for respondent/complainant-Satpal.
Kanwaljit Singh Ahluwalia, J. (Oral)
By this common order, Criminal Misc. No. M- 38794, preferred
by Sukhdev Singh alias Maghu Singh & Suba Singh alias Chatra Singh,
Criminal Misc. Nos. M- 38794 of 2011 and M-3881 & M-5260 of 2012
2
Criminal Misc. No. M-3881 of 2012, instituted by Mohinder Singh & Sukhwinder Singh alias Gogi and Criminal Misc. No. M-5260 of 2012, filed by Gurjeet Singh, Baljeet Singh, Ram Singh, Harpal Singh, Kirpal Singh, Attar Singh, Ranjit Singh, Makhan Singh and Jaswant Singh alias Jassa Singh, shall be decided together.
In all these petitions, the petitioners have sought pre-arrest bail in case arising out of Criminal Complaint No. 22 dated 4.6.2007 titled as “Satpal Singh v. Gurjeet Singh and Others, under Sections 379, 382, 386, 447, 506, 148 & 149 IPC, Sections 25/27/54/59 of the Arms Act, 1959 and Sections 3 & 4 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Learned counsel for the petitioners submits that all the petitioners, except Makhan Singh, petitioner No.8 in Criminal Misc. No. M-5260 of 2012, have caused appearance before the Summoning Court.
On 27.1.2012, a Co-ordinate Bench of this Court, in Criminal Misc. No. M-38794 of 2011, had passed the following order:-
“Learned counsel contended that although no specific role or part is attributed to the petitioners in the private complaint filed by the complainant, still the trial Magistrate has wrongly summoned them for the offences punishable under Sections 379, 382, 386, 447, 506, 148, 149 of IPC and 25, 27, 54 and 59 of the Arms Act, in a routine manner.
Criminal Misc. Nos. M- 38794 of 2011 and M-3881 & M-5260 of 2012
3
Heard,.
Issue notice of motion to the respondent, returnable for 03.02.2012.
Meanwhile, the petitioners are ordered to be released on interim bail provided they furnish adequate bail bond/surety bond to the satisfaction of the trial Court.”
Learned counsel for the petitioners submits that the petitioners have appeared before the Summoning Court and have been released on interim bail in pursuance of the interim orders dated 13.2.2012, passed in Criminal Misc. Nos. M-38794 of 2011 & M-3881 of 2012 and dated 27.2.2012 in Criminal Misc. No. M-5260 of 2012.
In view of compliance of the orders, passed by this Court and the fact that all the petitioners except Makhan Singh (petitioner No.8 in Criminal Misc. No. M-5206 of 2012) are regularly appearing before the Summoning Court. Petitions qua them are accepted. Interim bail granted to them is made absolute subject to their furnishing fresh bail bonds to the satisfaction of the trial Court. However, petition qua Makhan Singh is dismissed.
(Kanwaljit Singh Ahluwalia) Judge
April 2, 2012 “DK”
1 issue framed by the court
Whether interim bail granted to petitioners should be converted into absolute bail upon compliance of other conditions and appearance in court.
Sukhdev Singh alias Maghu Singh
Suba Singh alias Chatra Singh
Mohinder Singh
Sukhwinder Singh alias Gogi
Gurjeet Singh
Satpal Singh
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
