Kala Singh Etc. v. State Of Punjab And ANR

CRM-M-22313-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

(1) Crl. Misc. No.M-22313 of 2017 (O&M) Date of Decision: August 22, 2017 Kala Singh and others ......PETITIONER(s).

VERSUS

State of Punjab and another ....RESPONDENT(s).

(2) Crl. Misc. No.M-22317 of 2017 (O&M) Jasbinder Singh @ Binder Singh ......PETITIONER(s).

VERSUS

State of Punjab and another ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Ankush Singla, Advocate for the petitioner (s).

Ms. Rajni Gupta, Senior D.A.G. Punjab.

Ms. Ramandeep Kaur, Advocate for respondent No.2.

******* SURINDER GUPTA, J.(Oral) Both the aforementioned petitions have been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioners in complaint case No.7 (CNR No.PBSG030009532013) dated 24.07.2013 for the offences punishable under Sections 302, 364, 342, 201, 120-B, 148 read with Section 149 of Indian Penal Code (for short-IPC), wherein petitioners have been summoned to face trial vide order dated Sachin Mehta 2017.08.23 11:18 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-22313-2017 -221.04.2017 (Annexure P-1).

Heard.

Petitioners have been summoned to face trial for the offences punishable under Sections 302, 364, 342, 201, 120-B, 148 read with Section 149 IPC on the complaint filed by Paramjit Kaur, wherein she has alleged the murder of her son Sehajpal @ Bittu, whose dead body was found near the railway line on 25.06.2012. From the order dated 26.05.2017 passed by the Court below, it appears that G.R.P. had inquired into the matter and found it to be a case of accident.

Learned counsel for the petitioner submits that petitioners have surrendered before the Chief Judicial Magistrate, Sangrur and have been released on interim bail. In the complaint case, custodial interrogation of the petitioners is not required. The complaint has already been committed to the Court of Sessions, where the trial is in progress. Keeping in view the above facts but without expressing any opinion on the merits of the case, both the aforementioned petitions are allowed and order dated 20.06.2017 is made absolute subject to the condition that petitioners shall appear before the trial Court on each and every date of hearing. In the event of their non-appearance on any date, the trial Court will be competent to cancel their bail and forfeit the bail bonds and surety bonds and that the petitioner(s) may be taken into custody. ( SURINDER GUPTA ) August 22, 2017 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2017.08.23 11:18 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH