The High Court of Punjab and Haryana granted pre-arrest bail to the petitioner, who was accused of lifting sand from his own land under the Mines and Minerals (Development and Regulation) Act and IPC, finding custodial interrogation unnecessary as he had joined the investigation.
Petition allowed; interim anticipatory bail order 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-11815 of 2013
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-11815 of 2013 Date of decision:-30.05.2013
Dharampal Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present:Mr. Ashok Kumar Sama, Advocate for the petitioner.
Mr. Amit Chaudhary, DAG Punjab.
VIJENDER SINGH MALIK J.(Oral)
Dharampal, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 11 dated 04.2.2013, under Section 379 IPC and Section 3 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter called 'the Act'), at Police Station Lakho Ke Behram, District Ferozepur.
Learned counsel for the petitioner submits that the petitioner has been accused of lifting sand from his own land. According to him, this act is made an offence under Section 3 of the Act and therefore Section 379 IPC would not stand attracted to this act of the petitioner. According to him, the petitioner has already joined the investigation. He further submits that the tractor and trolly of the petitioner had already been taken into possession by the police.
Criminal Misc. No. M-11815 of 2013
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Learned counsel for the State, on the other hand admits that the petitioner has joined the investigation. He also admits that the tractor and trolly of the petitioner had already been taken in possession by the police.
The offence committed by the petitioner is lifting of sand from his own land. The petitioner has joined the investigation and his custodial interrogation is not required for investigation at this stage. The tractor and trolly of the petitioner have already taken into possession by the police. In these circumstances, I find the petitioner to be entitled to be entitled to pre-arrest bail. Consequently, the petition is allowed and order dated 11.4.2013 granting interim anticipatory bail to the petitioner is made absolute.
May 30, 2013 ( VIJENDER SINGH MALIK ) Vijay Asija JUDGE
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail given he has joined the investigation and custodial interrogation is not required.
2 provisions across 2 enactments
Dharampal Singh
State of Punjab
Vijender Singh Malik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
