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Balbir Singh & Ors. v. State of Punjab

Punjab & Haryana HC26 Feb 2016CRM-M/1496/2016

Case brief

AI extract

What is this about?

In a quo warranto nature bail application, the High Court, without commenting on merits, directed that accused petitioners be released on bail if arrested, furnishing bonds and binding themselves to conditions of Section 438 Cr.P.C.

What did the court decide?

Direction to release accused on bail upon arrest by furnishing adequate bail and surety bonds and complying with conditions under Section 438(2) Cr.P.C.

Balbir Singh & Ors. Vs State of Punjab — Cheating and Forgery | Punjab & Haryana HC (2016)

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CRM-M 1496/2016(O&M)

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102

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Date of decision:26.02.2016

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Balbir Singh and others

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.............Petitioners

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State of Punjab

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.............Respondent

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr.Ashish Aggarwal,Advocate for the petitioners

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Ms.Manjari Nehru Kaul, Additional Advocate General, Punjab

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Mr.SK Chaudhary,Advocate for the complainant.

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Jaswant Singh,J.(Oral)

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Prayer is for grant of anticipatory bail on behalf of accused petitioners namely Balbir Singh, Amritpal Singh and Jarmanjit Singh @ Shera in case FIR No.121 dated 20.11.2015 under Sections 306, 120-B,148,149 IPC, PS Jhabhal,District Tarn Taran.

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As per allegations levelled by complainant Daljit Kaur due to forcible ploughing of fields by petitioners 1 and 2 resulted into her husband consuming poisonous substance in the fields.

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Upon notice, the Investigating Agency has filed a reply.

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In the reply based on the report of revenue officials, it is submitted that share of Bakshish Singh father of deceased Sukhdev

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RAJINDER PRASHAD JOSHI 2016.02.26 15:40 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

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CRM-M 1496/2016(O&M)

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102

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Singh, is 3/10^th share out of joint land in question and was not in possession of any parcel of land in joint khewat. In fact, it is the accused party, who are in possession and ploughing the fields. It is apparent that the basis of allegation is removed.

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Learned counsel for the petitioners submits that in view of the stand of the Investigating Agency itself, no offence is made out.

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Without commenting on the merits of the case, it is directed that in the event of arrest, the petitioners shall be released on bail on furnishing adequate bail and surety bonds to the satisfaction of the Arresting/Investigating Officer/Trial Court. Petitioners shall appear before the I.O., as and when called upon for investigation and shall also be bound by all the conditions stipulated in Section 438(2) Cr.P.C.

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Disposed of accordingly.

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26.02.2016 joshi

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(Jaswant Singh) Judge

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RAJINDER PRASHAD JOSHI 2016.02.26 15:40 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

Balbir Singh & Ors. v. State of Punjab

Case brief

What is this about?

What did the court decide?

Balbir Singh & Ors. v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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