The High Court refused to cancel bail granted to a police official (respondent No.2). Despite allegations of extortion by the petitioner, the court found no extraordinary exceptional circumstances to cancel the bail and noted the trial was fixed for July 2013.
Application for cancellation of bail dismissed; bail left in operation.
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.
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr.Misc. M 11927 of 2012 Date of decision: 9.5.2013
Mukhtar Masih
.. petitioner
vs
State of Punjab and anr
... respondent
Present None for the petitioner. Mr. Ankur Jain, AAG, Punjab. Mr. Vipin Mahajan, Advocate for respondent No.2
M.M.S. BEDI,J.
The petitioner seeks cancellation of bail granted to respondent No.2 on 23.1.2012 on the ground that a sum of Rs.3.00 lacs has been extorted by respondent No.2 and that he being a police official, is capable of threatening the petitioner.
I have considered the reply of respondent No.2 and asked about the conduct of respondent No.2, during the course of investigation and trial. It has been informed that he has been appearing before the trial court after presentation of challan on 7.5.2012. No doubt respondent No.2, at present is Sub Inspector but presuming that no body is above law, there is no extra ordinary exceptional circumstances to cancel the relief granted to him. It has been informed by ASI Kamaljit Singh that the case is now fixed before the trial on 10.7.2013 for framing of charges.
In view of the above circumstances, I do not find any ground to cancel the bail of respondent No.2 expecting that he would not use his influence to tamper with evidence during the course of trial.
May 9 ,2013 ( M.M.S. BEDI ) TSM JUDGE
2 issues framed by the court
Whether the bail granted to a police official should be cancelled on grounds of extortion allegations and threat to tamper with evidence.
Whether the conduct of the respondent as a police official warrants cancellation of bail without extraordinary circumstances.
Mukhtar Masih
State of Punjab and anr
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
