Anticipatory bail petition under Section 438 CrPC in a kidnapping case. Petitioners joined investigation and further custodial interrogation was not required; interim bail order made absolute subject to Section 438(2) conditions.
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CRM-M-539-2024
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Sr. No.207
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-539-2024 Date of decision: ���� ���������������
GURDEEP SINGH AND ANR
........Petitioners
versus
STATE OF PUNJAB
.......Respondent
CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN
Present: Mr. M.K. Dhot, Advocate for the petitioners.
Ms. Sakshi Bakshi, AAG, Punjab.
HARPREET KAUR JEEWAN, J. (ORAL)
“xxx xxx xxx xxx
2. Learned counsel for the petitioners inter alia contends that petitioner No.1-Gurdeep Singh is the step-father of Karandeep Singh and he along with his wife-petitioner No.2-Shamandeep Kaur @ Shabnam @ Deva are separately residing in District Fazilka. Whereas Karandeep Singh, who is the main accused is residing in District Sri Muktsar Sahib. Copy of the Aadhar Card of Karandeep Singh has already been supplied by him in Court.
3. He further contends that Karandeep Singh, son of the petitioners have solemnized marriage with the prosecutrix on 04.04.2024. A photocopy of the marriage certificate and photographs have been
SIMRANDEEP KAUR 2024.09.23 09:52 I attest to the accuracy and integrity of this order/judgment.
CRM-M-539-2024
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supplied in Court today. The same are taken on record as Mark-A and Mark-B. It is also contended that the prosecutrix turned major on 03.04.2024.
4. Notice of motion.
5. On advance notice, Ms. Himani Arora, A.A.G., Punjab, appears on behalf of the respondent-State and seeks time to file reply.
6. However, she upon instructions from ASI Ravi Kant, has verified that the address in the Aadhar card of Karandeep Singh is correct, i.e. District Sri Muktsar Sahib. However, this is disputed that the co-accused Karandeep Singh is not residing with the present petitioners.
7. Adjourned to 18.07.2024.
8. In the meanwhile, the petitioner is directed to join investigation within ten days and in the event of arrest, he shall be released on interim bail, to the satisfaction of the arresting officer/Area Magistrate, subject to his furnishing bail bonds and surety bonds, and also subject to the following conditions:-
(i) That the petitioner shall further make himself available for interrogation by a police officer as and when required.
(ii) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
(iii) That the petitioner shall not leave India without the prior permission of the Trial Court/CJM concerned.”
SIMRANDEEP KAUR 2024.09.23 09:52 required. I attest to the accuracy and integrity of this order/judgment.
CRM-M-539-2024 �
| (HARPR |
EET KAUR JEEWAN) JUDGE |
||
|---|---|---|---|
| ���������� | ����������� | ||
| simran | |||
| Whether speaking/reasoned | : Yes/No |
||
| Whether reportable | : Yes/No |
SIMRANDEEP KAUR 2024.09.23 09:52 I attest to the accuracy and integrity of this order/judgment.
1 issue framed by the court
Should anticipatory bail be granted to the petitioners in FIR No.127 dated 10.12.2023 under Sections 363, 366-A r/w 34 IPC?
3 provisions across 3 enactments
Gurdeep Singh
Shamandeep Kaur @ Shabnam @ Deva
State of Punjab
Harpreet Kaur Jeewan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
