The High Court accepted a petition for anticipatory bail filed by Pishora Singh, converting interim bail granted earlier into absolute bail, noting he was falsely implicated and found innocent during investigation.
Petition for anticipatory bail accepted; interim (provisional) bail 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-26538 of 2013
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-26538 of 2013 Date of Decision:- 06.09.2013
Pishora Singh
.....Petitioner
Versus
State of Punjab
.....Respondent
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR
Present: Mr. D.S. Pheruman, Advocate for the petitioner.
Mr. R.P.S. Sidhu, Assistant Advocate General, Punjab for the respondent.
MEHINDER SINGH SULLAR , J.(oral)
Petitioner-Pishora Singh son of Harjit Singh, has preferred the instant petition for the grant of anticipatory bail in a case registered against him along with his other co-accused, vide FIR No.109 dated 15.09.2009, on accusation of having committed the offences punishable under Sections 326, 324, 323 and 148 read with Section 149 IPC, by the police of Police Station Valtoha, District Tarn Taran, invoking the provisions of Section 438 Cr.P.C.
Kumar Naresh 2013.09.12 16:18 I attest to the accuracy and integrity of this document Chandigarh
CRM No.M-26538 of 2013
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deserves to be accepted in this context.
order was passed by this Court on August 19, 2013: -
“Learned counsel, inter alia, contended that the petitioner was falsely implicated in this case at the instance of complainant. During the course of investigation, he was found innocent and exonerated by the police. Subsequently, in the wake of petition under Section 319 Cr.P.C., filed by the complainant, he was summoned to face the trial as additional accused, by the trial Judge. The argument is that even simple injury is attributed to the petitioner in the FIR.
Heard.
Notice of motion be issued to the respondent, returnable for 06.09.2013. Meanwhile, the petitioner is directed to appear/surrender before the next date of hearing and the trial Court would admit him on (provisional) bail on his furnishing adequate bail and surety bonds to its satisfaction.”
September 06, 2013 ( M EHINDER S INGH S ULLAR) naresh.k JUDGE
Kumar Naresh 2013.09.12 16:18 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the petition for anticipatory bail under Section 438 Cr.P.C. deserves acceptance given the petitioner was previously exonerated by police and summoned only as an additional accused.
1 provisions across 1 enactments
Pishora Singh
State of Punjab
Mehender Singh Sullar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
