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High Court of Punjab and HaryanaCRM-M/5632/2017allowed

Vaid Nachhattar Singh v. State Of Punjab

2017-09-12Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-5632-2017(2 petitions) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

(1) Crl. Misc. No.M-5632 of 2017 (O&M) Date of Decision: September 12, 2017 Vaid Nachhattar Singh ......PETITIONER(s).

VERSUS

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

(2) Crl. Misc. No.M-15374 of 2017 (O&M) Chamkaur Singh and others ......PETITIONER(s).

VERSUS

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

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Jagjeet S. Dhaliwal, Advocate for Mr. H.S. Brar, Advocate for the petitioner in CRM-M-5632-2017.

Mr. K.B. Raheja, Advocate for the petitioners in CRM-M-15374-2017.

Mr. Luvinder Sofat, A.A.G. Punjab.

******* 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 case FIR No.152 dated 30.09.2015 registered for the offences punishable under Sections 302, 148 read with Section 149 of Indian Penal Sachin Mehta 2017.09.13 12:40 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-5632-2017(2 petitions) -2Code, at Police Station Makhu, District Ferozepur. Heard.

Learned counsel for the petitioners submit that petitioners have put in appearance before the trial Court and have been released on interim bail under the orders of this Court.

Learned State counsel submits that petitioner Vaid Nachhattar Singh was though named in the FIR but during investigation, he was found innocent. Remaining petitioners were not named in the FIR, wherein some unidentified persons were referred as assailants, whose identity could not be traced during investigation. Trial Court on the statement of complainant and other witnesses, have summoned the petitioners to face trial as additional accused.

Keeping in view the fact that petitioners have appeared before the trial Court and that the conclusion of trial will take considerable long time, both the aforementioned petitions are allowed. Order dated 09.03.2017 passed in CRM-M-5632-2017 and order dated 11.05.2017 passed in CRM-M-15374-2017 are 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 bails and forfeit the bail bonds and surety bonds and to take the petitioners in custody. ( SURINDER GUPTA ) September 12, 2017 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2017.09.13 12:40 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH