Allowed

Mahipal Singh and Another v. State of Haryana

Punjab & Haryana HC10 Aug 2018CRM-M/25114/2018

Case brief

AI extract

What is this about?

Single Judge, allowed anticipatory bail to petitioners in a murder and criminal conspiracy case, stating custodial interrogation is no longer required, subject to terms including availability for interrogation and non-inducement.

What did the court decide?

Petition allowed; order made absolute till presentation of challan subject to four specific conditions regarding interrogation, inducement, travel, and seeking regular bail.

Mahipal Singh and Another Vs State of… — Murder and Culpable Homicide | Punjab & Haryana HC (2018)

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CRM-M-25114-2018

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl. Misc. No.M-25114 of 2018 (O&M) Date of Decision: August 10, 2018

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Mahipal Singh and another

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......PETITIONER(s).

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VERSUS

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State of Haryana

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....RESPONDENT(s).

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CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

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

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Mr. Amrik Narwal, D.A.G. Haryana.

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Mr. Karan Singh, Advocate for the complainant.

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SURINDER GUPTA, J.(Oral)

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The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioners in case FIR No.85 dated 26.08.2016 registered for the offence punishable under Sections 306 read with Section 120-B of Indian Penal Code, at Police Station Jathlana, District Yamuna Nagar.

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Heard.

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Learned State counsel submits that petitioners have joined the investigation. The other co-accused have already been allowed bail by the lower Court.

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Allegations against the petitioners are that they had prompted SACHIN MEHTA 2018.08.10 17:28 the deceased to purchase the land, which was disputed one. He made I attest to the accuracy and authenticity of this document High Court, Chandigarh

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CRM-M-25114-2018

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payment of `40 lakhs for purchase of the land and when the fraud came to his notice, he committed suicide.

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The matter is still under investigation. Custodial interrogation of the petitioners is no more required.

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Keeping in view the above facts but without expressing any opinion on the merits of the case, this petition is allowed and order dated 20.06.2018 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 10, 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 2018.08.10 17:28 I attest to the accuracy and authenticity of this document High Court, Chandigarh

Mahipal Singh and Another v. State of Haryana

Case brief

What is this about?

What did the court decide?

Mahipal Singh and Another v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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