Petitioner sought anticipatory bail under Section 438 Cr.P.C. in connection with an FIR for larceny, cheating, and assault. The court dismissed the petition, holding there are no grounds for bail since the FIR did not name the petitioner and the case remains under investigation.
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Crl. Misc. No. M-10722 of 2013
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-10722 of 2013 Date of decision: 03.04.2013
Rahul @ Bablu
....Petitioner
Versus
State of Punjab
....Respondent
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: - Mr. Vikram Preet Arora, Advocate, for the petitioner.
PARAMJEET SINGH, J. (ORAL)
The instant petition under Section 438 Cr.P.C. has been moved for grant of anticipatory bail to the petitioner in case arising out of FIR No.27 dated 9.2.2013 registered under Sections 452/323/427/506/147/149 IPC at Police Station Matour, District Mohali (S.A.S. Nagar).
Learned counsel for the petitioner contends that all the offences are bailable except the offence under Section 452 IPC. Learned counsel for the petitioner further states that the petitioner is not named in the FIR. Learned counsel for the petitioner contends that there is delay of two days in registration of FIR.
I have considered the contentions raised by learned counsel for the petitioner.
The case of the complainant is that some unknown persons entered into the liquor vend of Baldev Singh forcibly. When he tried to push them out and close the door of the liquor vend they forcibly entered. Then Baldev Singh called the complainant. When the
Crl. Misc. No. M-10722 of 2013
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complainant tried to persuade the persons, they went inside the liquor vend and took bottles from there and started hitting on the head of the complainant, as a result of which blood started oozing out from the head of the complainant.
There is highhandedness and lawlessness on the part of the petitioner. It is not possible when unknown persons enter the liquor vend that their names figure in FIR, it is during investigation that their names/identity figures out.
In view of this, no ground for grant of anticipatory bail is made
out.
Dismissed.
(Paramjeet Singh) Judge
April 03, 2013 R.S.
1 issue framed by the court
Whether anticipatory bail should be granted given the delay in FIR registration and the petitioners claim of non-availability of charges in the FIR.
1 provisions across 1 enactments
Rahul @ Bablu
State of Punjab
PARAMJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
