Partly allowed

Sarwan Singh v. State of Punjab & Anr.

Punjab & Haryana HC12 Apr 2016CRM-M/10940/2016

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail after interim bail was dismissed due to non-appearance caused by counsel's miscommunication. Upon surrendering before trial court, interim bail granted by High Court via notice of motion was made absolute.

What did the court decide?

Interim bail granted by the trial court pursuant to the High Court's order dated 31.03.2016 is made absolute.

Sarwan Singh Vs State of Punjab & Anr. — Anticipatory Bail | Punjab & Haryana HC (2016)

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CRM-M 10940/2016

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114

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Date of decision:12.04.2016

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Sarwan Singh

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.............Petitioner

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State of Punjab and another

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.............Respondents

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr.Vikas Gupta,Advocate for the petitioner

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Mr.Kirat Singh Sidhu,DAG Punjab with ASI Nachhatar Singh

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Jaswant Singh,J.(Oral)

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Prayer is for grant of anticipatory bail by accused Sarwan Singh in criminal complaint bearing no.67 dated 2.5.2012 under Sections 420,467,468,471 IPC, PS Bhikhiwind.

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It is averred that vide order dated 19.2.2016 passed by learned Additional Sessions Judge, Tarn Taran petitioner was directed to appear before the trial court on or before the next date i.e. 25.2.2016 fixed before the trial court and was granted interim bail till 18.3.2016.

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It is next averred that due to a mis-communication by the counsel the petitioner could not avail of the said benefit and thereby vide subsequent order dated 18.3.2016 passed by learned Additional Sessions Judge, Tarn Taran his bail application was dismissed due to

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RAJINDER PRASHAD JOSHI 2016.04.13 11:47 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

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CRM-M 10940/2016

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114

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non-appearance within the stipulated time before the trial court.

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It is contended that mistake was totally bona fide.

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Vide order dated 31.3.2016 while issuing notice of motion,

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petitioner, on surrendering before the trial court within 7 days, was directed to be released on interim bail.

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At the time of hearing,learned counsel submits that pursuant to the said order petitioner has surrendered before the trial court on 6.4.2016 and was released on interim bail.

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The said factual position is not disputed by the learned

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State counsel.

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In view of the above, interim bail granted by the trial court pursuant to the order dated 31.3.2016 passed by this court, is made absolute.

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Disposed of.

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12.04.2016 joshi

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(Jaswant Singh) Judge

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RAJINDER PRASHAD JOSHI 2016.04.13 11:47 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

Sarwan Singh v. State of Punjab & Anr.

Case brief

What is this about?

What did the court decide?

Sarwan Singh v. State of Punjab & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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