The High Court converted the interim bail granted by the trial court into permanent anticipatory bail for four petitioners involved in a caste-related dispute, after they surrendered as directed.
The interim bail granted by the trial court was made absolute for the petitioners.
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-M 11882/2016
102
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of decision:25/04/2016
Sukhwinder Singh @ Pilla and others
............Petitioners
vs
State of Punjab and another
.............Respondents
CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.SS Grewal,Advocate for the petitioners.
Mr.Kirat Singh Sidhu,DAG Punjab with ASI Jagdev Singh
Jaswant Singh,J(Oral)
Four petitioners are seeking anticipatory bail in a complaint
case No.32 of 12.4.2014 titled as Kehar Singh v Sukhwinder Singh @ Pilla and others under Sections 323,447,506,148,149 IPC and 3(I) (II) of SC/ST Act.
Allegations levelled by complainant are that between House NO.340 and house of accused party no.341, there is a pucca street of width of 4 karams, out of which 2 karams comprised common land and the other two karams contributed by the complainant party. It is further alleged that accused party is forcibly trying to construct a wall by encroaching upon two karams of common passage and on being forbidden to do so, are alleged to have inflicted injuries on the
RAJINDER PRASHAD JOSHI 2016.04.25 16:41 I attest to the accuracy and authenticity of this document High Court, Chandigarh.
CRM-M 11882/2016
102
complainant party and also passed casteist remarks.
It was contended that the matter is of civil nature and false allegations have been levelled.
Vide order dated 06.04.2016 while issuing notice of motion it was directed that in the event of surrendering before the trial court within 10 days, petitioners be released on interim bail.
At the time of hearing today,learned counsel states that in compliance of the said order, petitioners surrendered before the trial court on 18.4.2016 and were released on interim bail.
Learned State counsel on instructions is unable to refute the said factual position.
In view of the above interim bail granted by the trial court, pursuant to the order dated 6.4.2016, is made absolute.
25.04.2016 (Jaswant Singh) joshi Judge
RAJINDER PRASHAD JOSHI 2016.04.25 16:41 I attest to the accuracy and authenticity of this document High Court, Chandigarh.
1 issue framed by the court
Whether petitioners are entitled to permanent anticipatory bail after having surrendered and obtained interim bail from the trial court.
Sukhwinder Singh @ Pilla and others
State of Punjab
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
