Balwinder Singh And ORS. v. State Of Punjab

Criminal Misc.No.M-34759 of 2014(O&M) [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc.No.M-34759 of 2014(O&M) Date of Decision: January 12, 2015 Balwinder Singh & Ors.

...Petitioners

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr.Amit Arora, Advocate, for the petitioners.

Mr.Shilesh Gupta, Addl.AG, Punjab.

Naresh Kumar Sanghi, J.(Oral) Prayer in this application is for grant of anticipatory bail to the petitioners, namely, Balwinder Singh, Sadhu Singh and Lovepreet Singh @ Gurpreet Singh, who have been summoned under Section 319, Cr.P.C., to face trial along with principal accused in a cross-case registered vide rapat No.41, dated 22.05.2012, under Sections 148, 307, 427 read with Section 149, IPC, and Sections 25 and 27 of the Arms Act in a case arising out of FIR No.91, dated 16.05.2012, for the offences punishable under Sections 148, 307, 427 read with Sections 120B and 149, IPC and Sections 25 and 27 of the Arms Act, registered at Police Station, Sadar, Tarn Taran. Learned counsel contends that during investigation the petitioners were found innocent; though the allegations SEEMA RANI 2015.01.13 10:57 I attest to the accuracy and authenticity of this document Chandigarh

Criminal Misc.No.M-34759 of 2014(O&M) [2] against petitioner No.1, Balwinder Singh, are that he was armed with double barrel .12 bore gun but he did not cause any injury to any person; petitioner No.2, Sadhu Singh, has been attributed exhortation only while petitioner No.3-Lovepreet Singh @ Gurpreet Singh was allegedly driving the tractor. He further contends that in compliance of the order dated 13.10.2014, the petitioners did appear before learned Judge, Special Court, Tarn Taran and were admitted to ad-interim bail. In support of his contentions, he has produced the certified copy of the order dated 29.10.2014 passed by learned trial court which is taken on record.

Learned counsel for the State has not controverted the fact that the petitioners did appear before the court below and were admitted to ad-interim bail.

After hearing the learned counsel for the parties and going through the material available on record, the present petition is allowed and the interim directions issued by this Court vide order dated 13.10.2014 are made absolute. The petitioners shall continue to appear before learned trial court on each and every date of hearing unless ordered otherwise.

January 12, 2015 (Naresh Kumar Sanghi) seema Judge SEEMA RANI 2015.01.13 10:57 I attest to the accuracy and authenticity of this document Chandigarh