Mohinder Singh & ANR v. State Of Punjab And ANR

[ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision : July 07,2017 Mohinder Singh and another ..................... Petitioners

VERSUS

State of Punjab and another ....................... Respondents CORAM : HON'BLE MRS. JUSTICE LISA GILL

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ...

Present:

Mr. Salil Bali, Advocate for the petitioners.

Ms. Monika Jalota, DAG, Punjab.

...

LISA GILL, J. (Oral) No one appears on behalf of respondent No.2 despite service. Prayer is for grant of anticipatory bail to the petitioner in criminal case No. 15-C of 29.05.2013 titled "Sumitra V. Balkar Singh etc." pending in the Court of learned Judicial Magistrate Ist Class, Jalalabad (W) summoning the petitioners vide order dated 10.1.2017 under Sections 366, 376, 452, 323, 148, 149 IPC.

While issuing notice of motion on 03.05.2017 the following order was passed:- "It is submitted that FIR No. 83 under Sections 376, 366, Rupinder Kaur 2017.07.10 11:32

[ 2 ] 452, 323, 148, 149 IPC was registered against the petitioners and others on 25.5.2009 at Police Station Sadar Jalalabad. The matter was thoroughly investigated and the case against the petitioners was found to be false. The cancellation was endorsed upto the Additional Director (Crime). The complainant filed a protest petition as well as a private complaint. She withdrew the private complaint. She came forward to record the statement after four years of filing the protest petition . The petitioners have now been summoned to face trial for the offences punishable under Sections 366/376/452/323/148/149 IPC vide order dated 10.01.2017 (Annexure P-10). It is contended that the complainant is an accused in FIR No. 151 dated 7.8.2013 under Sections 302/34 IPC registered at Police Station Sadar Jalalabad, District Fazilka. She is also involved in a matter under the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioners are respectable people. They are not involved in any other case. They are ready and willing to face trial. Notice of motion for 7.7.2017.

In the meanwhile, the petitioners shall appear before the learned trial Court on or before 10.5.2017. They be admitted to interim bail to the satisfaction of the learned trial Court till the next date of hearing."

It is submitted that the petitioners appeared before the learned trial Court pursuant to order dated 03.05.2017 passed by this Court. Learned counsel for the State, on instructions from HC

[ 3 ] Mahinder Singh, affirms the aforementioned fact . Keeping in view the facts and circumstances of the case but without commenting on the merits of the case, it is considered just and expedient to allow this petition. Consequently, interim bail afforded to the petitioners pursuant to order dated 03.05.2017 be made absolute subject to the satisfaction of the learned trial Court.

( LISA GILL ) 07.07.2017 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No