Single judge accepted the petition for anticipatory bail, converting interim bail granted on April 22, 2014, into absolute bail subject to conditions under Section 438(2) Cr.P.C., after finding no need for further interrogation.
The petition for anticipatory bail is accepted, making the interim bail granted on April 22, 2014, 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-10603 of 2014
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-10603 of 2014 Date of Decision:- 27.05.2014
Manjit Singh and another
.....Petitioners
Versus
State of Punjab
.....Respondent
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR
Present: Mr. Kunal Dawar, Advocate, for the petitioners.
Ms. Amarjit Khurana, Additional Advocate General, Punjab, for the respondent-State.
Mr. Balraj Singh Sidhu, Advocate for the complainant.
MEHINDER SINGH SULLAR , J.(oral)
Petitioners-Manjit Singh Sekhon and his wife Ranjit Kaur, have directed the instant petition for the grant of anticipatory bail, in a case registered against them, vide FIR No.1 dated 04.03.2014, on accusation of having committed the offences punishable under Sections 420 and 120-B IPC, by the police of Police Station NRI Sangrur.
Kumar Naresh 2014.05.29 14:32 I attest to the accuracy and integrity of this document Chandigarh
CRM No.M-10603 of 2014
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deserves to be accepted in this context.
order was passed by this Court on April 22, 2014: -
“Learned counsel, inter alia, contended that the marriage of Gursharan Singh son of Amarjit Singh was solemnized with Sandeep Kaur daughter of complainant Swarnjit Kaur on 13.02.2005, according to the Sikh Rites and Ceremonies. At that time, he was residing in, holding green card and permanent residence of USA. Their marriage was duly registered on 09.03.2005 in the office of Sub-Registrar, Amloh. After solemnization of the marriage, they resided together, cohabited as husband and wife and one son child, namely, Tanvir Singh was born out from their wedlock on 11.11.2005. After completion of all the formalities, Gursharan Singh returned back to India and had taken Sandeep Kaur and their son Tanvir Singh to USA in the year 2006. Since then, they are residing in USA. On the basis of the pointed marriage, Sandeep Kaur secured the citizenship of the America. Subsequently due to temperamental differences their marriage was dissolved by a decree of divorce by the Superior Court of California in the month of December 2011. A separate case with regard to the custody of minor son Tanvir Singh is also pending in the competent Court of the USA. The argument is that the petitioners, being the uncle and aunty of Gursharan Singh, attended the indicated marriage but they have been falsely implicated by complainant Swarnjit Kaur mother of Sandeep Kaur, in order to put pressure and wreak vengeance, with a totally false allegations.
Heard.
Notice of motion be issued to the respondent, returnable for 14.05.2014. 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 2014.05.29 14:32 I attest to the accuracy and integrity of this document Chandigarh
CRM No.M-10603 of 2014 -3-
history of their previous involvement in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, the final conclusion of trial will naturally take a long time.
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 Court.
May 27, 2014 ( M EHINDER S INGH S ULLAR) naresh.k JUDGE
Kumar Naresh 2014.05.29 14:32 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the petitioners' application for anticipatory bail under Section 438 Cr.P.C. deserves to be accepted given their history of non-involvement in other crimes.
1 provisions across 1 enactments
Manjit Singh and another
State of Punjab
Mehender Singh Sullar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
