Allowed

Bittu v. State of Punjab

Punjab & Haryana HC4 Dec 2024CRM-M/17239/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought in a jewellery theft case where the FIR named three unknown persons and recorded no motorcycle number. The petitioner had joined investigation; interim bail was earlier granted. The court accepted the petition and made the interim bail directions absolute subject to Section 438(2) CrPC conditions.

What did the court decide?

Petition allowed; interim bail directions made absolute subject to Section 438(2) CrPC conditions.

Bittu Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2024)

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CRM-M-17239-2024 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-17239-2024 (O&M)

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Date of Decision: 04.12.2024

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Bittu ...Petitioner

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Versus

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State of P unjab ...Respondent

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present: Mr. Sahil Nain, Advocate, f o r the petitioner.

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Mr. Prabhdeep Singh Dhali w al, AAG, Punjab.

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FIR No.	Dated	Police Station	Section/s
74	04.08.2022	City Morinda	380 IPC (411, 34 IPC addedlateron)

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GURVINDER SINGH GILL, J. (Oral)

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The pet i tioner seeks grant of anticipatory bail in respect o f aforemen t ioned FIR.

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When th e matter was taken up for heari n g on 10.04.2024, a Coordinat e

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Bench of this Court passed the following order:

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“Prayer is for grant of anti c ipatory bail to the petitioner i n cri m inal case having FIR No.74 d a ted 04.08.2022 registered unde r Se c tions 380 of IPC (Sections 411, 34 of IPC) at Police Station Cit y Morinda.

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The State counsel produced t h e statement of complainant as pe r wh i ch there is no compromise betwee n her and the present petitioner. Counsel for the petitioner su b mits that even if the allegation s ma d e in the FIR are taken on its face value, it could be easily made ou t tha t petitioner never entered into the jewellery shop of complainant a t the time of alleged incident and rath e r as per complainant it were tw o

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VIMAL KUMAR 2024.12.04 16:25 I attest to the accuracy and integrity of this document

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CRM-M-17239-2024 (O&M)

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lad i es who committed theft of jewell e ry box from her shop. He furthe r submits that FIR in this case was registered against unknown person s out of which two were ladies and th i rd person a male was stated to b e the r e outside the jewellery shop sitti n g on his motorcycle. Counsel fo r the petitioner further submits tha t the petitioner, who is falsel y im p licated in the present case is read y to join the investigation with th e pol i ce.

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On the other hand, the State c o unsel submits that the petitioner i s req u ired by the police for proper i n vestigation as two of the ladie s inv o lved in the present case are alrea d y arrested by the police. However , the State counsel on instructions fro m ASI Angrej Singh has not refute d the fact that FIR in this case was r egistered against three unknow n per s ons and even the registration nu m ber of concerned motorcycle wa s not recorded in the FIR and further a s per FIR no male accomplice o f tw o ladies entered into jewellery sh o p of complainant at the time o f all e ged occurrence.

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Now be listed on 10.07.2024.

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In the meanwhile, in case of ar r est, the petitioner is directed to b e rel e ased on interim bail by the Inve s tigating Officer/Arresting Office r sub j ect to his own satisfaction. The p etitioner should join investigatio n wit h the police well in time before th e next date of hearing and to abid e by t he conditions envisaged under Se c tion 438 (2) Cr.P.C.”

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Learned S tate counsel upon instructions has informed that although th e petitione r has joined investigation, but he has not got recovered an y motor-cy c le.

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This Cou r t finds that there is no mentio n of registration number of an y motor-cy c le though the accused were alleged to have come on a motor - cycle.

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Having r e gard to the facts and circum s tances of the case particularl y when th e petitioner has already joine d investigation, the petition i s accepted and the interim directions issue d by this Court vide order date d 10.04.20 2 4 are hereby made absolute s u bject to the condition that th e

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VIMAL KUMAR 2024.12.04 16:25 I attest to the accuracy and integrity of this document

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CRM-M-17239-2024 (O&M)

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petitione r shall join investigation as and when called upon to do so an d cooperat e with the Investigating Offic e r and shall also abide by th e conditions as provided under Section 438 (2) Cr.P.C.

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04.12.2024 (GURVINDER SINGH GILL) Vimal JUDGE

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Whether speaking/reason e d: Yes/No Whether reportable: Yes/No

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VIMAL KUMAR 2024.12.04 16:25 I attest to the accuracy and integrity of this document

Bittu v. State of Punjab

Case brief

What is this about?

What did the court decide?

Bittu v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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