In a plea for anticipatory bail under section 438 Cr.PC, the Court accepted the petition and converted the interim bail order dated 9.5.2013 into an absolute bail order, subject to complying with statutory conditions.
The interim order of anticipatory bail dated 9.5.2013 was made absolute, subject to conditions under section 438(2) Cr.PC.
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.
CRM No. M-15195 of 2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-15195 of 2013 Date of Decision:-20.5.2013
Roshan Lal
...Petitioner
Versus State of Haryana ...Respondent
CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR
Present:Mr.R.S.Rai, Senior Advocate with Mr.Gautam Dutt, Advocate for the petitioner.
Mr.Gourav Verma, AAG Haryana for the respondent.
Mehinder Singh Sullar, J . (Oral)
Petitioner Roshan Lal son of Uttam Chand, claiming himself
to be a senior citizen of 82 years, has preferred the instant petition for the grant of anticipatory bail, in a case registered against him, vide FIR No.13 dated 7.5.2010 (Annexure P1), on accusation of having committed the offences punishable under sections 420, 466, 467, 471 and 120-B IPC by the police of Police Station State Vigilance Bureau, Haryana, Gurgaon, invoking the provisions of section 438 Cr.PC.
“Learned counsel, inter-alia, contended that the complainant is real nephew of the petitioner. The alleged incorporation of ownership of property in question in
CRM No. M-15195 of 2013 2
the survey report by the petitioner is stated to be in the year 1975 and the complainant has falsely implicated him in the present case in the year 2010, after a gap of 34 years, on account of business differences and to wreak vengeance.
Heard.
Notice of motion be issued to the respondent, returnable for 20.05.2013. Meanwhile, the petitioner is directed to join investigation before the next date of hearing. In the event of his arrest, the Arresting Officer would admit him to bail on his furnishing adequate bail and surety bonds in the sum of Rs.25,000/- to his satisfaction.”
20.5.2013 (Mehinder Singh Sullar) AS Judge
2 issues framed by the court
Whether to accept the petition for anticipatory bail under section 438 Cr.PC.
Whether to make the interim bail order granted on 9.5.2013 absolute.
2 provisions across 1 enactments
Roshan Lal
State of Haryana
Mehinder Singh Sullar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
