The Court granted anticipatory bail to the petitioner in a case involving the Indian Penal Code and the Arms Act, making an interim bail order absolute.
Order dated 26.12.2011 granting interim bail to the petitioner was made absolute.
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.
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Criminal Misc. M-39392 of 2011
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. M-39392 of 2011(O&M) Date of decision:16th January, 2012
Prit Pal Singh
.......Petitioner
Versus
State of Punjab
........Respondent
BEFORE: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present: Mr. Bhavyadeep Walia, Advocate for the petitioner.
Mr. Amandeep Singh Rai, DAG, Punjab for the respondent – State.
1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No
2. To be referred to the Reporters or not?Yes/No
3. Whether the judgment should be reported in the Digest? Yes/No
Vijender Singh Malik, J.(Oral)
The petitioner has applied for pre-arrest bail in a case registered by way of FIR NO. 391, dated 13.12.2011 at Police Station Tripuri, Patiala for an offence punishable under sections 451, 506 of the Indian Penal Code, 1860 and 27/54/59 of the Arms Act, 1959.
The case against the petitioner is that the petitioner has come to the shop of the petitioner and asked for his enemy and when he did not get to know the whereabouts of that person, he went back. On being told by the complainant, Parmod Singh Gill alongwith the
Criminal Misc. M-39392 of 2011 2
complainant and one Jagtar Singh, went to the petitioner and questioned him as to why he had come to their shop and the petitioner is said to taken out his revolver and this revolver has been snatched by the complainant and others.
Learned counsel for the petitioner has submitted that the petitioner has joined the investigation. The only offence which is nonbailable is under section 27 of the Arms Act, 1959 and revolver held by the petitioner was his licenced revolver which was snatched from him at the spot. He has further submitted that no recovery is, therefore, left to be effected.
Learned State counsel on the other hand, submits that the petitioner has joined the investigation and no recovery is left to be effected from the petitioner.
Keeping in view the aforesaid facts, the petitioner appears to be entitled to get the concession of anticipatory bail. Therefore, the petition is allowed and the order dated 26.12.2011 granting interim bail to the petitioner is made absolute.
[VIJENDER SINGH MALIK] JUDGE
16th January, 2012 Shivani Kaushik
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail given that the firearm recovered was his licensed revolver snatched on the spot.
2 provisions across 2 enactments
Prit Pal Singh
State of Punjab
Vijender Singh Malik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
