Allowed

Jagdeep Singh & Ors. v. State of Punjab

Punjab & Haryana HC8 May 2013CRM-M/12415/2013

Case brief

AI extract

What is this about?

In an oral judgment, the court accepted the anticipatory bail petition filed by Jagdeep Singh and others, who alleged a compromise regarding a dispute over eucalyptus saplings. The court made the interim bail order absolute without expressing an opinion on the merits.

What did the court decide?

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

Jagdeep Singh & Ors. Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-12415 of 2013 (O&M)

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Date of Decision: May 08, 2013.

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Jagdeep Singh and others

...... 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. GBS Dhillon, Advocate for the petitioners.

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Mr. Deepak Garg, A.A.G., 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.92 dated 4.10.2012 under Sections 341, 452, 323, 506 read with Section 34 of Indian Penal Code, registered at Police Station Doraha, Police District Khanna, 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 petitioners.

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CRM No.M-12415 of 2013

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This Court while issuing notice of motion on 18.04.2013 passed the following order:-

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“The present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in case FIR No.92 dated 04.10.2012 under Sections 341, 452, 323, 506 read with Section 34 IPC registered at Police Station Doraha, Police District Khanna, District Ludhiana.

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Learned counsel for the petitioners contends that a compromise has been effected between the parties, which is annexed as Annexure P-1 and the complainant does not want to pursue with the FIR. The dispute relates to an issue with respect to disposal of eucalyptus saplings.

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Notice of motion for 08.05.2013.

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In the meantime, the petitioners would be admitted to pre-arrest bail subject to furnishing their bail and surety bonds to the satisfaction of the Arresting Officer. The petitioners shall be abide by the conditions as envisaged in Section 438(2) Cr.P.C.”

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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 18.04.2013

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It has also been stated by learned counsel for the State that petitioners have joined the investigation and that they are no more required for any custodial interrogation.

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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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CRM No.M-12415 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 petitioners Jagdeep Singh, Gurdev Singh and Sukhwinder Singh is accepted and order dated 18.04.2013 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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( RAM CHAND GUPTA ) May 08, 2013. JUDGE Sachin M.

Jagdeep Singh & Ors. v. State of Punjab

Case brief

What is this about?

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Jagdeep Singh & Ors. v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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