Single-bench judgment accepting a petition for anticipatory bail. The petitioner, alleged as an accused in an IPC and Arms Act case, was granted bail after joining the investigation, making interim bail absolute subject to conditions.
Anticipatory bail accepted; interim bail made absolute subject to conditions under Section 438(2) Cr.P.C.
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-27653 of 2013
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-27653 of 2013 Date of Decision:- 11.09.2013
Suba Singh and another
.....Petitioners
Versus
State of Punjab
.....Respondent
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR
Present: Mr. Deepak Arora, Advocate, for the petitioners.
Mr. R.P.S. Sidhu, Advocate General, Punjab for the respondent-State.
MEHINDER SINGH SULLAR , J.(oral)
Petitioners-Suba Singh son of Jarnail Singh and his son Ranjit Singh alias Jeeta, have preferred the instant petition for the grant of anticipatory bail in a case registered against them along with their other co-accused, vide FIR No.113 dated 21.07.2013, on accusation of having committed the offences punishable under Sections 307, 323, 506 and 148 read with Section 149 IPC and Section 25 of the Arms Act, by the police of Police Station Shahkot, District Jalandhar, invoking the provisions of Section 438 Cr.P.C.
through the record with their valuable assistance and after considering the
Kumar Naresh 2013.09.12 16:29 I attest to the accuracy and integrity of this document Chandigarh
CRM No.M-27653 of 2013
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entire matter deeply, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.
“Learned counsel, inter alia, contended that the petitioners have been falsely implicated in this case, by the complainant, in order to wreak vengeance. Moreover, only 'lalkara' is attributed to them (petitioners). The main injury, subject matter of offence punishable under Section 307 IPC, is attributed to main accused Binder Singh (non-petitioner).
Heard.
Notice of motion be issued to the respondent, returnable for 11.09.2013. Meanwhile, the petitioners are directed to join the investigation before the next date of hearing. In the event of their arrest, the Arresting Officer would admit them to bail on their furnishing adequate bail and surety bonds in the sum of ` 25,000/- each to his satisfaction.”
Kumar Naresh 2013.09.12 16:29 I attest to the accuracy and integrity of this document Chandigarh
CRM No.M-27653 of 2013
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Court, by virtue of order dated August 22, 2013, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C.
Needless to mention that, in case, the petitioners do not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of their bail, in this respect.
September 11, 2013 ( M EHINDER S INGH S ULLAR) naresh.k JUDGE
Kumar Naresh 2013.09.12 16:29 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether the petition for anticipatory bail under Section 438 Cr.P.C. should be accepted in the present facts.
Whether the interim bail granted should be made absolute subject to conditions under Section 438(2) Cr.P.C.
2 provisions across 1 enactments
Suba Singh
Ranjit Singh alias Jeeta
State of Punjab
Mehender Singh Sullar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
