Buta Singh And Others v. State Of Punjab

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.27121 of 2018 and Criminal Misc. No.M-31561 of 2018 .....

Date of decision:7.8.2018 Buta Singh and others .....Petitioners v.

State of Punjab .....Respondent ....

Present:

Mr. Arshdeep Singh Brar, Advocate for the petitioners. Ms. Monika Jalota, Deputy Advocate General, Punjab for the respondent-State.

Mr. S.P. Soi, Advocate for the complainant.

.....

Inderjit Singh, J.

Cr. Misc. No.27121 of 2018:

For the reasons mentioned in the application, MLRs relating to Lakhwinder Singh-complainant and Arjan Singh (Annexure-R.1(Colly.) are taken on record.

The criminal miscellaneous application is allowed. Cr. Misc. No.M-31561 of 2018:

The petitioners have filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.92 dated 12.6.2018 registered for the offences under Sections 323, 341, 342, 348, 506, 148 and 149 IPC and Section 67 of the IT Act, 2000 at Police Station Dharamkot,District Moga.

Notice of motion has been issued in this case. Harpal Singh Parmar 2018.08.08 16:55 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-31561 of 2018 [2] Ms. Monika Jalota, learned Deputy Advocate General, Punjab has appeared on behalf of the respondent-State and Mr. S.P. Soi, learned Advocate has appeared for the complainant and contested this petition. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. As per the allegations, the petitioners gave simple injuries. All the offences are bailable except the offence under Section 67 of the IT Act. There is also allegation that a video was also prepared by pressurising the complainant that he had intimacy with some girl. The petitioners have already joined the investigation. The petitioners are not required for custodial interrogation. Nothing is to be recovered from them. No useful purpose will be served by sending the petitioners to custody.

Keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The interim order dated 27.7.2018 passed by this Court granting interim bail to the petitioners is made absolute. However, the petitioners shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C. August 7, 2018.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2018.08.08 16:55 I attest to the accuracy and authenticity of this document Chandigarh