Allowed

Malkeet Singh v. State of Punjab

Punjab & Haryana HC17 May 2013CRM-M/12054/2013

Case brief

AI extract

What is this about?

This is an oral order granting anticipatory bail under Section 438 CrPC. The High Court accepted the application made absolute since the petitioner joined the investigation and the State did not object or allege risks of absconding.

What did the court decide?

anticipatory bail application accepted and interim bail order made absolute subject to conditions under Section 438(2) Cr.P.C.

Malkeet Singh Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2013)

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CRM No.M-12054 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M- 12054 of 2013(O&M) Date of Decision: May 17, 2013.

Malkeet Singh

...... 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. Inderjeet Sharma, Advocate for Mr. Harminderjeet Singh, Advocate, for the petitioner.

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Mr. P.S.Paul, DAG, 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.45 dated 05.03.2013, under Section 379 IPC and Section 21 of the Mines and Mineral Act, 1952, registered at police station Ladhowal, District Ludhiana.

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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, Ludhiana dismissing anticipatory bail application filed on behalf of the petitioner.

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CRM No.M-12054 of 2013

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This Court while issuing notice of motion on 12.04.2013 passed the following order:-

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“Crl.M.No.21487 of 2013

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Application is allowed subject to all just exceptions. Crl.M.No.M-12054 of 2013

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Contends that name of petitioner has not been mentioned in the FIR and that he was not connected with any illegal mining. It is also contended that he does not own any tractor trolly and that he never loaded any sand from the river bed and, however, police is raiding house of the petitioner.

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Notice of motion to Advocate General, Punjab, for 17.5.2013.

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However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he 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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It has been contended by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 12.04.2013.

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It has also been stated by learned counsel for the State, on instruction from ASI Mohinder Singh, that petitioner has joined the investigation and that he is no 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 petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

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CRM No.M-12054 of 2013

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Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Malkeet Singh is accepted and order dated 12.04.2013 granting interim bail in favour of the petitioner 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 17, 2013. ‘om’

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( RAM CHAND GUPTA ) JUDGE

Malkeet Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Malkeet Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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