Allowed

Avtar Singh and Others v. State of Punjab

Punjab & Haryana HC23 Aug 2018CRM-M/15391/2018

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana granted anticipatory bail under Section 438 CrPC to petitioners involved in an FIR registered on 19.09.2017 for offences under the IPC, Arms Act, and the Prevention of Atrocities Act. The bail was made absolute pending challan presentation, subject to conditions including availability for interrogation, non-interference with witnesses, and obtaining regular bai

What did the court decide?

Granted anticipatory bail made absolute till presentation of challan, subject to conditions of interrogation availability, no inducement to witnesses, and seeking regular bail on challan.

Avtar Singh and Others Vs State of Punjab — Caste Atrocities | Punjab & Haryana HC (2018)

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CRM-M-15391-2018

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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(1)

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Crl. Misc. No.M-15391 of 2018 (O&M) Date of Decision: August 23, 2018

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Avtar Singh and others

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......PETITIONER(s).

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VERSUS

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State of Punjab

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....RESPONDENT(s).

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(2)

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Crl. Misc. No.M-15483 of 2018 (O&M)

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Surinder Singh and another

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......PETITIONER(s).

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VERSUS

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State of Punjab

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....RESPONDENT(s).

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CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

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Present: Mr. N.S. Dadwal, Advocate for the petitioner (s).

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Mr. Sandeep Kumar, D.A.G. Punjab.

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SURINDER GUPTA, J.(Oral)

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Both the aforementioned petitions have been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioners in case FIR No.296 dated 19.09.2017 registered for the offence punishable under Sections 307, 452, 323, 324, 294, 295, 506, 148 read with Section 149 of Indian Penal Code, 25/27 Arms Act (later on offence punishable under Section 3 and 4 of Scheduled Castes and Scheduled Tribes SACHIN MEHTA 2018.08.24 14:59 (Prevention of Atrocities) Act, 1989 and 67 of Information Technology Act, I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

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CRM-M-15391-2018

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were added), at Police Station Jagraon, Ludhiana.

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Heard.

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Learned State counsel on instructions from ASI Hakam Singh submits that petitioners have joined the investigation, which is still in progress but their custodial interrogation is not required for the purpose of further investigation. Investigation so far has not disclosed commission of offence under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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In view of submission of learned State counsel but without expressing any opinion on the merits of the case, both these petitions are allowed. Order dated 08.05.2018, passed in both the petitions, is made absolute till the presentation of challan, subject to the following terms:-

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(i) that the petitioners shall make themselves available for interrogation by the police as and when required;

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(ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him from disclosing such facts to the Court or to any police officer;

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(iii) that the petitioners shall not leave India without the prior permission of the Court;

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(iv) that the petitioners will seek regular bail on the presentation of challan in Court.

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( SURINDER GUPTA )

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August 23, 2018 JUDGE Sachin M.

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Whether speaking/reasoned: Yes/No

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Whether Reportable: Yes/No

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SACHIN MEHTA 2018.08.24 14:59 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

Avtar Singh and Others v. State of Punjab

Case brief

What is this about?

What did the court decide?

Avtar Singh and Others v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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