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High Court of Punjab and HaryanaCRM-M/27605/2023allowed

Balwinder Singh v. State Of Punjab

2023-08-18Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-27605-2023

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 212/3   

CRM-M-27605-2023 Date of decision: August 18th, 2023 Balwinder Singh .....Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Gobind Singh Randhawa, Advocate for the petitioner.

Mr. Subhash Godara, Additional Advocate General, Punjab.

MANJARI NEHRU KAUL, J. (ORAL)                

           

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&  $'  Vide order dated 31.05.2023, the petitioner had been directed to appear and surrender before the trial Court and was directed to be admitted on interim regular bail on his furnishing bail bonds to the satisfaction of the trial Court. The relevant part of the said order reads as under:- "Learned counsel for the petitioners while drawing the attention of this Court to the allegations levelled in the FIR in question, submits that while getting the FIR in question registered, false allegations had been levelled against the petitioners. He contends that the petitioners were found innocent during investigation and thus were placed in column PUNEET SACHDEVA 2023.08.18 04:34 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-27605-2023 No.2. They were, however, subsequently summoned under Section 319 of the Cr.P.C. to face trial as additional accused, therefore, there is a genuine apprehension on their part that they could be arrested and sent to custody when they appear on 05.06.2023 before the Trial Court. Learned counsel has also submitted that in the above facts and circumstances, custodial interrogation of the petitioners would not be required as it would not serve any useful purpose."

Learned counsel for the petitioner submits that in compliance of order dated 31.05.2023, the petitioner had appeared before the trial Court and furnished bail bonds. In support, he has placed on record copy of order dated 06.05.2023 passed by Additional Sessions Judge, Amritsar.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having appeared before the trial Court. In view of the above, the petition is allowed and interim order dated 31.05.2023 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C. Needless to say, in case the petitioner misuses the concession of bail granted to him, the State would be at liberty to seek cancellation of the bail granted to him. August 18th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.08.18 04:34 I attest to the accuracy and integrity of this document.

Chandigarh