The petitioner sought anticipatory bail under Section 438 Cr.P.C. considering police cooperation and a post-facto compromise between accused and complainant, the entire one allowed and the interim order of October 23, 2019 made absolute.
Petition allowed; interim order dated October 23, 2019 made absolute.
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.
CRM-M-31339-2019 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM-M-31339-2019 (O&M). Decided on: December 16, 2019.
Manpreet Singh and others
.. Petitioners
VERSUS
State of Punjab
.. Respondent
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
PRESENT Mr.Preetwinder Singh Dhaliwal, Advocate, for the petitioners.
Mr.Randhir Singh Thind, DAG, Punjab.
Mr.Ankush Singla, Advocate, for the complainant.
JASGURPREET SINGH PURI, J. (ORAL)
The present petition has been filed under Section 438 of the Code of Criminal Procedure (for short 'the Cr.P.C.)' praying for grant of anticipatory bail in FIR No.20 dated 27.5.2019, under Sections 341, 323,506, 148 and 149 IPC, (Section 308 IPC added later on vide Rapat No.13 dated 16.7.2019), registered at Police Station Tallewal, District Barnala.
RAJ KUMAR ARORA 2019.12.17 14:51 I attest to the accuracy and integrity of this document
1
CRM-M-31339-2019 (O&M)
Learned counsel for the petitioners submits that in pursuance of the directions issued vide order dated 23.10.2019, the petitioners have joined the investigation and have cooperated with the police which fact has not been disputed by the learned State counsel on instructions from ASI Rajbir Singh.
In addition to above, it has been brought to the notice of this Court that in the present case compromise has also been effected and by way of order dated 8.11.2019, passed in CRM-M-46786-2019, the parties have been directed to get their statements recorded before the learned trial Court in pursuance of the compromise.
I have heard the learned counsel for the parties and perused the record .
Considering the totality of the circumstances and the fact that the petitioners have already joined the investigation and cooperated and further compromise has also been effected between the accused and the complainant, the present petition is allowed. Interim order dated October 23, 2019, is hereby made absolute.
December 16, 2019. (JASGURPREET SINGH PURI) raj arora JUDGE
Whether speaking / reasoned Yes / No Whether reportable Yes / No
RAJ KUMAR ARORA 2019.12.17 14:51 I attest to the accuracy and integrity of this document
2
2 issues framed by the court
Whether anticipatory bail prayed for papers shall be granted given the cooperation of petitioners with investigation and compromise between parties.
Whether the interim order dated October 23, 2019, should be made absolute.
1 provisions across 1 enactments
Manpreet Singh and others
State of Punjab
Jasgurpreet Singh Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
