Dismissed

Mohinder Singh v. State of Punjab etc.

Punjab & Haryana HC10 Apr 2013CRM-M/11464/2013

Case brief

AI extract

What is this about?

This single-judge oral order dismissed a petition for anticipatory bail under Section 438 Cr.P.C. after finding insufficient grounds given witness statements indicating the accused caused grievous injuries leading to death. The court directed the petitioner to approach the trial court for regular bail.

What did the court decide?

The petition for anticipatory bail was dismissed; however, the petitioner was allowed liberty to move an application for regular bail to the trial court, with the same to be decided within 15 days.

Mohinder Singh Vs State of Punjab etc. — Quashing and FIR | Punjab & Haryana HC (2013)

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Crl. Misc. No. M-11464 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-11464 of 2013 (O&M) Date of decision: 10.04.2013

Mohinder Singh

....Petitioner

Versus

State of Punjab and another

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....Respondents

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CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

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Present: - Mr. S.S. Rangi, Advocate, for the petitioner.

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PARAMJEET SINGH, J. (ORAL)

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This is a petition filed under Section 438 Cr.P.C. for grant of concession of anticipatory bail to the petitioner in complaint case No.20/12.01.2009 dated 15.02.2003 titled 'Prem Singh vs. Mohinder Singh and others' under Sections 302/34 IPC, Police Station Mulepur, District Fatehgarh Sahib, pending in the Court of Additional Chief Judicial Magistrate, Fatehgarh Sahib.

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I have heard the learned counsel for the petitioner.

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Learned counsel for the petitioner has relied upon the statement of Gurcharan Singh HC (Annexure P-5) and statement of ASI Gurdial Singh. Perusal of their statements shows that they had seen the deceased in injured condition on the road side and as per the demand of Sucha Singh (now deceased) water was provided to him and intimation was also sent to his brother. It is also clear from the statement of HC Gurcharan Singh and ASI Gurdial Singh that there were blood stains and tyre marks on the road.

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Crl. Misc. No. M-11464 of 2013

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The case of the prosecution is that Sucha Singh was taken in the vehicle by one Balbir Khan and left at village Bagrian. Thereafter in the early hours of the morning he was found in injured condition at village Faggan Majran. Initially DDR was registered as a case of accident or a case of murder and subsequently FIR No.24 dated 28.5.1999 came to be registered under Section 302 IPC but during investigation police authorities came to a conclusion that case remains untraced. Thereafter, complaint/protest petition was filed in proceedings for cancellation of FIR. The case set up in the protest petition is that there was a fight between Sucha Singh and the accused persons, including the present petitioner, which was seen by some persons.

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There are specific allegations that accused persons caused grievous injuries to the deceased by beating him mercilessly resulting into his death.

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Keeping in view the above, this Court is not inclined to grant anticipatory bail to the petitioner.

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Dismissed.

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However, petitioner will be at liberty to appear before the trial Court and thereafter move an application for regular bail. If such an application is moved, same shall be decided within 15 days.

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(Paramjeet Singh) Judge

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April 10, 2013 R.S.

Mohinder Singh v. State of Punjab etc.

Case brief

What is this about?

What did the court decide?

Mohinder Singh v. State of Punjab etc.

Case brief

What is this about?

What did the court decide?

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