The High Court of Punjab and Haryana granted an anticipatory bail petition filed under Section 438 Cr.P.C., noting the matter was compromised and the petitioner had joined the investigation.
Granted anticipatory bail made the interim order absolute; petitioner to join investigation as directed and abide by conditions.
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
Criminal Misc. No.M-11495 of 2019 Date of Decision: 16.10.2019
Gurwinder Singh
...Petitioner(s)
Versus
State of Punjab & another
...Respondent(s)
CORAM:- HON'BLE MR. JUSTICE HARI PAL VERMA
Present:Mr. K.S. Kahlon, Advocate for the petitioner.
Mr. Sukhbeer Singh, AAG, Punjab. *****
HARI PAL VERMA, J. (Oral)
Prayer in the present petition filed under Section 438 of the Code of Criminal Procedure, 1973 is for grant of anticipatory bail to the petitioner in case FIR No.96 dated 10.10.2018 under Section 376 IPC registered at Police Station Ranger Nangal, Police District Batala, District Gurdaspur.
Learned counsel for the petitioner states that pursuant to order dated 06.05.2019 of this Court, the petitioner has joined investigation. He further submits that the matter has been compromised between the parties and a separate petition for quashing of FIR on the basis of compromise i.e. CRM-M-3440-2019 tilted as Gurwinder Singh Vs. State of Punjab &
ASHWANI KUMAR 2019.10.16 18:16 I attest to the accuracy and integrity of this document
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Criminal Misc. No. M-11495 of 2019
another has also been filed, which is pending before this Court for hearing on 21.10.2019.
Learned State counsel, on instructions from ASI Surinder Pal Singh, does not dispute the aforesaid fact. However, he submits that the allegations against the petitioner are serious in nature.
Having heard learned counsel for the parties and considering the fact that the petitioner has joined the investigation and the matter has been compromised between the parties, the present petition is allowed and the interim order dated 03.05.2019 is made absolute.
However, the petitioner shall join the investigation as and when directed by the investigating agency and shall abide by the terms and conditions laid down under Section 438(2) Cr.P.C.
| October 16, 2019 | ( HARI PAL VERMA ) |
|---|---|
| AK | JUDGE |
| Whether speaking / reasoned? | Yes / No |
| Whether reportable? | Yes / No |
ASHWANI KUMAR 2019.10.16 18:16 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in proceedings for Section 376 IPC given the compromise and joining of investigation.
2 provisions across 1 enactments
Gurwinder Singh
State of Punjab
Hari Pal Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
