Allowed

Durgo Bai & Anr. v. State of Punjab

Punjab & Haryana HC10 May 2013CRM-M/12629/2013

Case brief

AI extract

What is this about?

This court disposed of an anticipatory bail petition by converting an interim grant into an absolute order. The petitioners, earlier granted bail, complied with the direction to surrender and file bonds, leading the court to accept the petition and make the interim bail absolute.

What did the court decide?

The petition for anticipatory bail was accepted, and the interim bail granted vide order dated 29.04.2013 was made absolute.

Durgo Bai & Anr. Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2013)

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CRM No.M-12629 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M-12629 of 2013 Date of Decision: 10.05.2013

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Durgo Bai and another

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR

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Present: Mr. Raman Goklaney, Advocate for the petitioners.

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Mr. K.S. Aulakh, AAG, Pb., for the State.

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Mehinder Singh Sullar , J. (Oral)

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Petitioners Durgo Bai wife of Sohan Singh and Harbans Kaur @ Simar Kaur wife of Sukhwinder Singh @ Sukha have preferred the instant petition for anticipatory bail in a cross case registered against them alongwith their other co-accused, by means of FIR No.236 dated 16.12.2006, for commission of offences punishable under Sections 307, 324, 323, 148, 149 IPC and Section 25, 54, 59 of the Arms Act, by the police of Police Station Guru Har Sahai, District Ferozepur, invoking the provisions of Section 438 Cr.P.C.

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Notice of the petition was issued to the State.

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CRM No.M-12629 of 2013

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After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the instant petition for anticipatory bail deserves to be accepted in this context.

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During the course of preliminary hearing, the following order was passed by this Court on 29.04.2013:-

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“Learned counsel, inter alia, contended that the petitioners were earlier granted bail in this cross case. They could not appear in the Court on 12.04.2013, for the reasons mentioned in the exemption application (Annexure P-1). The trial Court did not exempt their personal presence and issued their nonbailable warrants of arrest, without assigning any cogent reasons, vide impugned order dated 12.04.2013 (Annexure P- 2).

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Heard.

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Notice of motion be issued to the respondent, returnable for 10.05.2013.

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Meanwhile, the petitioners are directed to appear/surrender before the next date of hearing and file an affidavit/undertaking that they will regularly appear in future in this case. In that eventuality, the trial Court would admit them on (provisional) bail on their furnishing two adequate bail and surety bonds to its satisfaction.”

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At the very outset, learned counsel for the petitioners has placed on record the certified copy of the order dated 02.05.2013, which would reveal that the bail bonds and surety bonds furnished by the

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CRM No.M-12629 of 2013

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petitioners in pursuance of the order of this Court, were accepted and attested by the trial Court.

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In the light of the aforesaid reasons, the instant petition is accepted and the interim bail already granted to the petitioners vide order dated 29.4.2013 is hereby made absolute.

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(Mehinder Singh Sullar) Judge

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10.05.2013 sk

Durgo Bai & Anr. v. State of Punjab

Case brief

What is this about?

What did the court decide?

Durgo Bai & Anr. v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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