Petitioner sought anticipatory bail in an FIR for theft and attempt to suppress evidence. The High Court made the interim bail order absolute without commenting on merits, subject to statutory conditions.
The order dated 05.02.2020 granting interim bail to the petitioner is 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.
CRM-M-5059 of 2020
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
203
CRM-M-5059 of 2020 Date of decision:28.07.2021
Palwinder Singh ... Petitioner
Vs.
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:Mr. Barjinder Singh, Advocate for Mr. Prateek Pandit, Advocate for the petitioner.
Mr. Rana Harjasdeep Singh, DAG, Punjab.
SUVIR SEHGAL, J. (Oral)
The Court has been convened through video conferencing due to Covid-19 pandemic.
Through the instant petition, the petitioner seeks anticipatory bail in case FIR No.202 dated 21.11.2019 registered under Sections 379 and 482 of Indian Penal Code, 1860 at Police Station Sadar Kapurthala, District Kapurthala.
On 05.02.2020, following order was passed:-
“Learned counsel for the petitioner has referred to para 4 of the petition and submitted that false case under Sections 379, 482 of IPC has been lodged against him. He has further submits that there is delay of one year in lodging of the FIR
SAVITA KADIAN 2021.07.28 17:00 I attest to the accuracy and integrity of this document High Court Chandigarh
CRM-M-5059 of 2020
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which in itself shows a mala fide intention behind the lodging of the complaint against the petitioner.
Notice of motion for 24.04.2020.
Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) Cr.P.C.”
Learned State counsel, on instructions from ASI Kamaljit Singh
submits that the petitioner has joined investigation and is no longer required for custodial interrogation. He has further instructions to submit that the petitioner is not involved in any other criminal case.
In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 05.02.2020 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.
(SUVIR SEHGAL) JUDGE
July 28, 2021 savita
| Whether Speaking/Reasoned | Yes/No |
|---|---|
| Whether Reportable | Yes/No |
SAVITA KADIAN 2021.07.28 17:00 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether the interim anticipatory bail granted to the petitioner should be made absolute.
3 provisions across 2 enactments
Palwinder Singh
State of Punjab
Suvir Sehgal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
