Allowed

Mukhtiar Singh @ Mukhtiari and Ors. v. State of Punjab

Punjab & Haryana HC22 Oct 2013CRM-M/27953/2013

Case brief

AI extract

What is this about?

The Court granted absolute anticipatory bail to the petitioners in a case involving alleged forcible possession and threat causing injury, as they had joined the investigation and threatened custodial interrogation was deemed unnecessary. The bail was granted subject to standard statutory conditions via power under Section 438 Cr.P.C..

What did the court decide?

Order dated 04.09.2013 made absolute; petition disposed of with petitioners at liberty to file fresh bonds after challan presentation subject to statutory conditions.

Mukhtiar Singh @ Mukhtiari and Ors. Vs State of… — Anticipatory Bail | Punjab & Haryana HC (2013)

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Crl. Misc. No. M-27953 of 2013 (O&M) -1-

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Crl. Misc. No. M-27953 of 2013 (O&M) Date of decision : 22.10.2013

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Mukhtiar Singh @ Mukhtiari and others

...Petitioners

versus

State of Punjab

...Respondent

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present: Mr O.P. Kamboj, Advocate for the petitioners

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Mr. Gurveer Sidhu, AAG, Punjab Mr. A.S. Kakkar, Advocate for the complainant.

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RITU BAHRI , J. (Oral)

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This is a petition under Section 438 of the Code of Criminal Procedure seeking anticipatory bail in a case registered against the petitioners, vide FIR No. 126 dated 05.05.2013 under Sections 306 IPC, at police station Kotwali, Distt. Faridkot.

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The allegations against the petitioners is that they have forcibly taken

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the possession of the house of the complainant by demolishing the wall and they were giving threats, as a result of which the son of the complainant has taken some poisonous substance.

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Learned State counsel on instructions from ASI Sukhdarshan Singh has informed the Court that in compliance of order dated 04.09.2013, the petitioners have joined the investigation on 16.10.2013 and they are not in possession of the house belonging to the complainant and further the complainant has sold the

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Arora Gaurav 2013.10.31 16:59 I attest to the accuracy and integrity of this document

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Crl. Misc. No. M-27953 of 2013 (O&M) -2-

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house. At this stage, custodial interrogation of the petitioners is not required

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Heard learned counsel for the parties.

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In view of the above, order dated 04.09.2013 is hereby made absolute

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till presentation of the challan, subject to the conditions as envisaged under Section

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438 (2) Cr.P.C, which reads as under:-

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i. a condition that the person shall make himself/themselves available for interrogation by Police Officer as and when required;

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ii. a condition that the person shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

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iii.a condition that the person shall not leave India without the previous permission of the Court

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iv. such other condition as may be imposed under sub section (3) of Section 437, as if the bail were granted under that section

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Accordingly, the present petition stands disposed of.

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However, the petitioners ares at liberty to file fresh bail bonds after

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presentation of the challan.

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22.10.2013

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G.Arora

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(RITU BAHRI) JUDGE

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Arora Gaurav 2013.10.31 16:59 I attest to the accuracy and integrity of this document

Mukhtiar Singh @ Mukhtiari and Ors. v. State of Punjab

Case brief

What is this about?

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Mukhtiar Singh @ Mukhtiari and Ors. v. State of Punjab

Case brief

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