This order grants anticipatory bail to two petitioners accused of offences under Section 306 IPC. The court accepted the petitions where the accused were exonerated by police yet summoned as additional accused, making previously granted interim bail absolute.
Interim provisional bail already granted by a coordinate bench was made absolute.
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-18253 of 2013 & -1CRM No.M-18456 of 2013
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
(1) CRM No.M-18253 of 2013 Kulwinder Singh .....Petitioner Versus State of Punjab and another .....Respondents (2) CRM No.M-18456 of 2013 Roop Singh and another .....Petitioners Versus State of Punjab .....Respondent Date of Decision:- 10.09.2013
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR
Present: Mr. J.S. Brar, Advocate, for the petitioner in 1st case. Mr. Harchand Singh Batth, Advocate for the petitioner in 2nd case.
Mr. Jaspreet Singh, Asstt. Advocate General, Punjab for the respondent-State.
MEHINDER SINGH SULLAR , J.(oral)
As identical points for the grant of anticipatory bail to the petitioners are involved, therefore, I propose to dispose of indicated criminal petitions bearing CRM No.M-18253 of 2013 titled Kulwinder Singh Vs. State of Punjab and another (for brevity “the 1st case”) and
Kumar Naresh 2013.09.12 16:26 I attest to the accuracy and integrity of this document Chandigarh
CRM No.M-18253 of 2013 & -2CRM No.M-18456 of 2013
CRM No. M-18456 of 2013 titled Roop Singh and another Vs. State of Punjab (for short “the 2nd case”), arising out of the same case/FIR, by means of this common order, to avoid the repetition of facts.
“Having been summoned as an additional accused in the exercise of powers under Section 319 Cr.P.C., by the trial Court, the petitioner apprehends arrest on appearance before the Court.
Notice of motion for September 10, 2013.
Meanwhile, an interim direction is issued that the petitioner will put in appearance before the trial Court on the date fixed and in case of his doing so, he will be released on interim bail to the satisfaction of the Said Court.
2013 as well.
Kumar Naresh 2013.09.12 16:26 I attest to the accuracy and integrity of this document Chandigarh
CRM No.M-18253 of 2013 & CRM No.M-18456 of 2013
-3-
September 10, 2013 ( M EHINDER S INGH S ULLAR) naresh.k JUDGE
Kumar Naresh 2013.09.12 16:26 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether the petitions for anticipatory bail under Section 438 Cr.P.C. should be accepted given the applicants were exonerated by police and summoned only as additional accused.
Whether the interim provisional bail granted by a coordinate bench should be made absolute.
2 provisions across 1 enactments
Kulwinder Singh
State of Punjab
Roop Singh
State of Punjab
Mehender Singh Sullar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
