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High Court of Punjab and HaryanaCRM-M/30786/2017allowed

Gurmail Singh And ANR v. State Of Punjab

2017-12-19Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-30786-2017 and CRM-M-31326-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

1. Crl. Misc. No.M-30786 of 2017(O&M) Date of Decision: December 19, 2017 Gurmail Singh and another ......PETITIONER(s).

VERSUS

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

2. Crl. Misc. No.M-31326 of 2017(O&M) Surjit Singh and another ......PETITIONER(s).

VERSUS

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

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Jagjit Pal Singh Sarao, Advocate and Mr. Joginder Pal Rattra, Advocate the petitioners in both the petitions.

Mr. C.L.Pawar, Sr. D.A.G., Punjab.

Mr. Amit Kashyap, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) Both the petitions have been filed under Section 438 Code of Criminal Procedure (for short Cr.P.C.) for grant of anticipatory bail to the petitioners in case FIR No. 0186 dated 18.10.2015 registered for the offence punishable under Section 302, 307, 323, 324, 326, 148 read with Section 149 of Indian Penal Code, 25, 27 of Arms Act at Police Station Sadar, Jyoti 2017.12.20 15:44 I attest to the accuracy and authenticity of this document

CRM-M-30786-2017 and CRM-M-31326-2017 -2Patiala District Patiala.

Heard.

Learned counsel for the petitioners submits that petitioners have surrendered before the trial Court and have been allowed interim bail under order dated 21.09.2017.

Learned State counsel also endorses the submission of learned counsel for the petitioners to this effect.

During investigation, petitioners Surjit Singh, Labh Singh and Gurmail Singh were found innocent and their names were kept in column No. 2. The trial Court after recording the statement of complainant Lajja Ram as PW 1, has summoned the petitioners by allowing the application of prosecution under Section 319 Cr.P.C..

Keeping in view the above facts and that the custodial interrogation of petitioners in no more required, both the petitions are allowed. Order dated 21.09.2017 passed in both the petitions is made absolute subject to the condition that petitioners shall apply for regular bail (if not applied and allowed so far) before the trial Court and will keep on appearing on each and every date of hearing. In the event of their nonappearance on any date without permission, the trial Court will be competent to cancel their bail and forfeit the bail bonds and surety bonds and proceed against them in accordance with law. ( SURINDER GUPTA ) December 19, 2017 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2017.12.20 15:44 I attest to the accuracy and authenticity of this document