Allowed

Balwinder Singh v. State of Punjab

Punjab & Haryana HC8 Jan 2013CRM-M/36942/2012

Case brief

AI extract

What is this about?

This order deals with an application to make an interim anticipatory bail order absolute. The court observed that the petitioner joined the investigation and does not require custodial interrogation, finding no likelihood of absconding or witness tampering. Consequently, the interim bail was made absolute.

What did the court decide?

The interim order granting anticipatory bail to the petitioner was made absolute, subject to conditions in Section 438(2) Cr.P.C.

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

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Crl.M.No.M-36942 of 2012(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl.M.No.M-36942 of 2012(O&M) Date of Decision: January 8, 2013

Balwinder Singh

.....Petitioner

State of Punjab

......Respondent

CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Mr.J.S.Sandhu, Advocate for the petitioner.

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Mr.P.S.Paul, DAG, Punjab.

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

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.....

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RAM CHAND GUPTA, J.(Oral)

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The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.81, dated 15.10.2012, under Sections 379, 406, 420, 120-B IPC, registered at Police Station Kheri Gnadian, Tehsil Rajpura, District Patiala.

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I have heard learned counsel for the parties and have gone through the whole record carefully.

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This Court while issuing notice of motion on 23.11.2012, passed the following order:

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“Crl.M.No.70234 of 2012

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Application is allowed subject to all just exceptions.

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Crl.M.No.M-36942 of 2012

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Contends that dispute is between complainant and coaccused Manpreet Kaur, who is claiming herself to be stepmother of complainant. Further submitted that petitioner is being implicated in this case being related to complainant as his uncle. Further contends that property belonging to Kuldeep Singh, father of complainant, was also sold by Manpreet Kaur and that present petitioner is having no

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Crl.M.No.M-36942 of 2012(O&M)

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concern with the said sale deed and that he is also not one of the signatories of the said sale deed. It is also contended that he has not removed any house-hold article from the residential house of Kuldeep Singh -deceased. Further contended that rather as per order of civil Court passed in civil suit filed by Manpreet Kaur, injunction was issued in her favour and against the complainant by observing that she is in possession of the same. Hence, petitioner is also having no concern with the said house of Kuldeep Singh.

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Notice of motion to Advocate General, Punjab, for 8.1.2013.

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However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C. ”

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It has been stated by learned counsel for the petitioner that pursuant to the said order, the petitioner has already joined the investigation.

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It has been stated by learned State counsel as well, on instructions from SI Baldev Singh that the petitioner has joined the investigation and that he is no more required for any custodial interrogation by the police.

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There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

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In view of these facts and without expressing any opinion on the merits of the case, order dated 23.11.2012, granting interim bail to petitioner-Balwinder Singh is, hereby, made absolute subject to the compliance of conditions contained in Section 438(2) Cr.P.C..

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The present petition stands disposed of accordingly.

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(Ram Chand Gupta) Judge

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8.1.2013

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meenu

Balwinder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Balwinder Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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