Single-judge order granting pre-arrest bail to the petitioner in an Electricity Act case. The court allowed interim anticipatory bail to become absolute due to disputed facts, the petitioner joining the investigation, and depositing 50% of dues.
Petition allowed; order granting interim anticipatory bail 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.
Criminal Misc. No. M-11101 of 2013
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-11101 of 2013 Date of decision:-27.05.2013
Balwinder Singh
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present:Mr. Rajinder Goyal, Advocate for the petitioner.
Mr. Rajat Mor, DAG Punjab.
VIJENDER SINGH MALIK J.(Oral)
Balwinder Singh, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 28 dated 04.3.2013, under Section 135 of Electricity Act, at Police Station Irrigation and Power, Jind.
Learned counsel for the petitioner submits that the meter installed at his premises was burnt and information with regard to the same was given by him to the authorities. According to him, in a subsequent raid, the petitioner was allegedly found illegally abstracting the electric energy. According to him, he has deposited 50% of the amount, which he was asked to pay by the Department and he has joined the investigation.
Learned counsel for the State on instructions of ASI Sukhwant Singh admits that the petitioner had joined the investigation. He also admits that the petitioner has deposited 50% of the dues as per the notice
Criminal Misc. No. M-11101 of 2013
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of the Department.
There are disputed questions of facts involved in this case. The first question is whether the meter of the premises of the petitioner was burnt and information with regard to the same was given by the petitioner to the authorities. The second question is regarding the genuineness of the findings in the raid. The petitioner has already deposited 50% of the amount and has joined the investigation. All these circumstances show that the petitioner is entitled to pre-arrest bail. Consequently, the petition is allowed and order dated 05.4.2013 granting interim anticipatory bail to the petitioner is made absolute.
May 27, 2013 ( VIJENDER SINGH MALIK ) Vijay Asija JUDGE
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail given his cooperation in investigation and partial payment of dues.
Balwinder Singh
State of Haryana
VIJENDER SINGH MALIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
