Allowed

Harinder Singh and Anr. v. State of Punjab

Punjab & Haryana HC27 May 2013CRM-M/1153/2013

Case brief

AI extract

What is this about?

This court disposed of an anticipatory bail application under Section 438 Cr.P.C. The petitioners, having joined the investigation, were found to pose no flight risk. The interim bail order dated 16.01.2013 was made absolute subject to Section 438 conditions.

What did the court decide?

The interim anticipatory bail order dated 16.01.2013 was made absolute subject to conditions under Section 438(2) Cr.P.C.

Harinder Singh and Anr. Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2013)

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CRM No.M-1153 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M- 1153 of 2013(O&M) Date of Decision: May 27, 2013.

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Harinder Singh and another

...... PETITIONER(s)

Versus

State of Punjab

...... RESPONDENT (s)

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CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Mr. P.S.Brar, Advocate, for the petitioners.

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Mr. Deepak Garg, AAG, Punjab.

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RAM CHAND GUPTA, J.(Oral)

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The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no.146 dated 09.06.2011, under Sections 336/347/511/148/149 IPC and Section 25 of Arms Act, 1959, registered at police station Kotwali/city Faridkot.

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I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Faridkot dismissing anticipatory bail application filed on behalf of the petitioners.

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CRM No.M-1153 of 2013

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This Court while issuing notice of motion on 16.01.2013 passed

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the following order:-

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“Crl.M.No.2126 of 2013

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Application is allowed subject to all just exceptions. Crl.M.No.M-1153 of 2013

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Contends that it is a case of version and cross-version and that it is a case of no injury. Further contends that moreover the dispute has since been settled between the parties.

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Notice of motion to Advocate General, Punjab, for 19.2.2013.

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However, in the meantime, petitioners are directed to join the investigation and in case they are arrested, they shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.

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To be heard alongwith Crl.M.No.M-32771 of 2012.”

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It has been contended by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 16.01.2013.

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It has also been stated by learned counsel for the State that petitioners have joined the investigation and that they areno more required for any custodial interrogation. Bail application is not opposed.

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There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

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Hence, in view of these facts and without expressing any

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CRM No.M-1153 of 2013

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opinion on the merits of the case, the anticipatory bail application filed on behalf of Harinder Singh and Ramandeep Singh is accepted and order dated 16.01.2013 granting interim bail in favour of the petitioners is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C.

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The present petition stands disposed of accordingly.

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May 27, 2013. ‘om’

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( RAM CHAND GUPTA ) JUDGE

Harinder Singh and Anr. v. State of Punjab

Case brief

What is this about?

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Harinder Singh and Anr. v. State of Punjab

Case brief

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