Dismissed

Kuldeep Singh v. State of Punjab

Punjab & Haryana HC17 Sept 2013CRM-M/21567/2013

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana dismissed a regular bail petition under Section 439 Cr.P.C. regarding a murder charge under Section 302 IPC. The court held that due to the petitioner's prior absconding and the nature of the evidence, no case for bail was made out.

What did the court decide?

Bail prayer dismissed. The application is disposed of without granting release to the petitioner.

Kuldeep Singh Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2013)

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Crl. Misc No. M-21567 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Crl. Misc No. M-21567 of 2013 (O&M) Date of decision : 17.09.2013

Kuldeep Singh

....Petitioner

versus

State of Punjab

...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present: Mr. K.S. Hissowal, Advocate for the petitioner.

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Mr. Gurveer Sidhu, AAG, Punjab

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Mr. S.S. Siao, Advocate for the complainant.

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RITU BAHRI , J. (Oral)

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The present petition u/s 439 Cr.P.C is for grant of regular

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bail to the petitioner in case F.I.R No. 70 dated 09.06.2008 registered

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at Police Station Raikot, Distt. Ludhiana u/s

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302/307/326/324/506/148/149 IPC.

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Learned counsel for the petitioner submits that the

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petitioner has been falsely implicated in the present case on account

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of the fact that the complainant party in the party were nursing a

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grudge against the petitioner and his brother Harpreet Singh as

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Harpreet Singh was attacked by the complainant party and a case

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Arora Gaurav 2013.09.28 11:43 I attest to the accuracy and integrity of this document

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Crl. Misc No. M-21567 of 2013 (O&M)

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under Section 307 IPC is going on against the complainant party. Learned counsel for the petitioner has referred to F.I.R wherein the allegation against the petitioner is that he had attacked with swords on the arms and legs of Dharminder Singh who succumbed to his injuries. Learned counsel for the petitioner has then referred to P-1 whereby the petitioner was exonerated in the earlier enquiry conducted by S.S.P but lateron on the second enquiry conducted, the petitioner was found guilty and he surrendered before the police in the month of May, 2010 and since the petitioner is in jail.

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Further reference has been made to a statement made by Sahib Singh-complainant wherein while appearing in the Court, the complainant has not identified the persons who had attacked his sons. The complainant while appearing as P.W.1 did not identify the accused in his cross examination, he made a statement that all the accused had attacked his son with an intention to kill. He stated that his son Kuldip Singh had gone abroad and he was not likely to come back. The complainant has thus turned hostile.

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While declining the bail application of the petitioner on 10.09.2012 (P-3), the Addl. Sessions Judge, Ludhiana has observed that there are material witnesses are yet to be examined and there was likelyhood that if the petitioner will be released on bail, he will tamper

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Arora Gaurav 2013.09.28 11:43 I attest to the accuracy and integrity of this document

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Crl. Misc No. M-21567 of 2013 (O&M)

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with the prosecution evidence.

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On notice, a reply has been filed by the respondent-State stating therein that the petitioner was declared Proclaimed Offender on 10.12.2008 and he was arrested on 29.05.2010. Supplementary

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challan was presented against the petitioner on 23.08.2010 and charges have been framed on 03.10.2011. Four witnesses out of 25 prosecution witnesses have been examined and the case is fixed for remaining prosecution witnesses for 30.09.2013.

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As is clear from the reply filed by the State, the petitioner

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had absconded even though there are specific allegations against the

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petitioner and specific role was attributed to him in the F.I.R.

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No case for grant of regular bail is made out.

Dismissed.

17.09.2013

G.Arora

(RITU BAHRI) JUDGE

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Arora Gaurav 2013.09.28 11:43 I attest to the accuracy and integrity of this document

Kuldeep Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Kuldeep Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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