Balshinder Singh And ANR v. Niranjan Singh

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Criminal Misc.-M No.32350 of 2015 (O&M) Date of Decision: October 13, 2015 Balshinder Singh and another ....Petitioners versus Niranjan Singh, Assistant Director, Directorate of Enforcement. .....Respondent CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE P.B.BAJANTHRI.

Present: Mr.C.M.Munjal, Advocate, for the petitioners. Ms.Ranjana Shahi, Advocate, for the respondent. -.-

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? --- Surya Kant, J. (Oral) The petitioners are parents of alleged king-pin of Drug-Mafia Jagdish Singh @ Bhola. They have questioned their summoning by the Special Court, Patiala in a warrant-case made vide order dated 03.08.2015, directing them to appear on 28.08.2015.

Heard learned counsel for the parties.

When we were inclined to dismiss the petition so far as the prayer for quashing of summoning order is concerned, learned counsel for the petitioners does not press the same and confines the relief only qua protection of the petitioners against judicial custody. He submits that on the analogy of the order passed by this Court on 01.10.2015 in CRM-M No.28452 of 2015 (Gurpreet Kaur @ Gurmeet Kaur versus Niranjan Singh, Assistant Director, Directorate of Enforcement, Government of India), the petitioners may be permitted to surrender before the Special Judge, Patiala and MOHINDER KUMAR 2015.10.14 16:01 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M 32350 of 2015 [2] furnish their bail bonds to the satisfaction of that Court. Learned counsel for the petitioners undertakes that the petitioners shall continue to appear before that Court and cooperate in the ongoing proceedings.

For the detailed reasons already assigned in the order dated 01.10.2015 passed in Gurpreet Kaur's case (supra), we allow this petition in part in the following terms:- (i) the petitioners are directed to surrender before the Special Judge, Patiala on the date fixed or prior thereto and furnish bail bonds to the satisfaction of that Court;

(ii) on doing so, the petitioners shall be admitted to bail;

(iii) the petitioners shall continue to appear before the Special Court and shall not hamper the ongoing trail;

(iv) the petitioners shall continue to avail the concession of bail subject to the attachment/ seizure of their immovable properties already identified by the Enforcement Directorate;

(v) The learned Special Judge shall ensure that in connected cases also, no order to release the attached properties is passed;

(vi) They shall also abide by such other conditions as may be imposed by learned Special Judge while accepting their bail bonds.

[SURYA KANT] JUDGE October 13, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.10.14 16:01 I attest to the accuracy and authenticity of this document Chandigarh