The High Court of Punjab and Haryana granted absolute bail to the petitioner in a pre-arrest bail petition filed under Section 438 Cr.P.C., relying on his surrender and interim bail status.
Order dated December 20, 2017 made absolute subject to conditions under Section 438(2) Cr.P.C.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-48796-2017
Date of decision: 01.02.2018
Partap Singh
…. Petitioner
V/s
State of Punjab
...Respondent(s)
CORAM: HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Vipin Mahajan, Advocate, for the petitioners.
Mr. C.L. Pawar, Sr. DAG, Punjab.
Rajan Gupta, J. (Oral)
This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioner vide FIR No.107 dated 27.07.2016 under Section 306 IPC at Police Station City Gurdaspur, Punjab.
Learned counsel submits that pursuant to order dated December 20, 2017, petitioner has surrendered before the trial court and has been admitted to interim bail.
Aforesaid contention is not controverted by the State counsel. In view of the above, order dated December 20, 2017, is hereby made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.
Disposed of.
(RAJAN GUPTA) February 01, 2018 JUDGE sukhpreet
Sukhpreet Kaur 2018.02.02 16:15 I attest to the accuracy and integrity of this document
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
1 issue framed by the court
Whether the petitioner, who sought pre-arrest bail, was eligible for it given the subsequent surrender and interim bail?
2 provisions across 1 enactments
Partap Singh
State of Punjab
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
