Shiv Dayal Singh And ANR. v. State Of Punjab And ANR.

CRM-M No. 16355 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No. 16355 of 2018 (O&M) Date of decision : 25.9.2018 ...

Shiv Dayal Singh @ Bhupa and another ................Petitioners vs.

State of Punjab and another .................Respondents Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. H.R. Bhardwaj, Advocate for the petitioners.

Mr. Rakeshinder Singh Sidhu, Assistant Advocate General, Punjab.

None for the complainant.

...

H. S. Madaan, J. (Oral) Learned counsel for the petitioners has placed on record certified copy of the order passed by SDJM, Moonak, showing that petitioners - Shiv Dayal Singh @ Bhupa and Rama Singh @ Ram Singh, have since appeared in the trial Court and have been admitted to bail.

Both the petitioners being summoned in a complaint case, in that way, there is no occasion for their custodial interrogation. Sending them behind the bars shall not serve any purpose. The disposal of complaint is likely to take some time. BANITA CHUGH 2018.09.25 18:17 I am the author of this document

CRM-M No. 16355 of 2018 -2As a result of investigation of the case by the police, it was found that no offence punishable under the SC&ST Act, 1989 is made out. It is a matter of trial, as to whether essential ingredients of offence under Section 3/4 of the SC& ST Act, 1989, are fulfilled or not.

In these circumstances, the interim bail granted to the petitioners vide order dated 30.4.2018 is made absolute, subject to fulfillment of conditions envisaged under Section 438(2) Cr.P.C. The petition in that way is allowed.

( H.S. Madaan ) 25.9.2018 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No BANITA CHUGH 2018.09.25 18:17 I am the author of this document