Sarban Singh and anr. Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1058821
CourtPunjab and Haryana High Court
Decided OnAug-27-2013
AppellantSarban Singh and anr.
RespondentState of Punjab
Excerpt:
criminal misc.not m-20147 of 2013(o&m) ...1.in the high court of punjab and haryana at chandigarh criminal misc.not m-20147 of 2013 (o&m) date of decision:27. h august,2013 sarban singh & anr...petitioners versus state of punjab ...respondent coram: hon'ble mr.justice naresh kumar sanghi present: mr.n.s.dandiwal, advocate, for the petitioners.mr.k.s.pannu, dag, punjab. *** naresh kumar sanghi, j. prayer in this petition is for grant of anticipatory bail to the petitioners.sarban singh and inderjit singh, who have been booked for having committed the offences punishable under sections 120-b, 380, 406, 420, 447, 448, 451, 457, 465, 467, 468 and 471, ipc and sections 25 and 27 of the arms act, in the case arising out of fir no.07 dated 21.01.2013, registered at police station, city, moga. learned counsel contends that the petitioners are neither named in the fir not any specific role has been assigned to them; that only piece of evidence appearing against the petitioners is that their names figured in the statements of their co-accused; and that in compliance of the order dated 21.06.2013 passed by this court, the petitioners have joined the sharma seema 2013.08.27 14:35 criminal misc.not m-20147 of 2013(o&m) ...2.investigation. learned counsel for the state, on instructions from asi baljit singh, police station, city, moga, very fairly concedes that except the disclosure statement of sukhchain singh, a co-accused of the petitioner, no other material has emerged against the petitioners to connect them with the alleged offences. he also concedes that in compliance of the order dated 21.06.2013 passed by this court, the petitioners have joined the investigation and no more required by the investigating agency for further interrogation in this case. keeping in view the totality of the facts and circumstances of the case, the present petition is allowed and the order dated 21.06.2013 whereby the ad-interim anticipatory bail was granted to the petitioners.is made absolute. the petitioners shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under section 438(2).cr.p.c.august 27, 2013 (naresh kumar sanghi) seema judge
Judgment:

Criminal Misc.not M-20147 of 2013(O&M) ...1.IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.not M-20147 of 2013 (O&M) Date of Decision:

27. h August,2013 Sarban Singh & Anr...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE Mr.JUSTICE NARESH KUMAR SANGHI Present: Mr.N.S.Dandiwal, Advocate, for the petitioneRs.Mr.K.S.Pannu, DAG, Punjab.

*** Naresh Kumar Sanghi, J.

Prayer in this petition is for grant of anticipatory bail to the petitioneRs.Sarban Singh and Inderjit Singh, who have been booked for having committed the offences punishable under Sections 120-B, 380, 406, 420, 447, 448, 451, 457, 465, 467, 468 and 471, IPC and Sections 25 and 27 of the Arms Act, in the case arising out of FIR No.07 dated 21.01.2013, registered at Police Station, City, Moga.

Learned counsel contends that the petitioners are neither named in the FIR not any specific role has been assigned to them; that only piece of evidence appearing against the petitioners is that their names figured in the statements of their co-accused; and that in compliance of the order dated 21.06.2013 passed by this Court, the petitioners have joined the Sharma Seema 2013.08.27 14:35 Criminal Misc.not M-20147 of 2013(O&M) ...2.investigation.

Learned counsel for the State, on instructions from ASI Baljit Singh, Police Station, City, Moga, very fairly concedes that except the disclosure statement of Sukhchain Singh, a co-accused of the petitioner, no other material has emerged against the petitioners to connect them with the alleged offences.

He also concedes that in compliance of the order dated 21.06.2013 passed by this Court, the petitioners have joined the investigation and no more required by the Investigating Agency for further interrogation in this case.

Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed and the order dated 21.06.2013 whereby the ad-interim anticipatory bail was granted to the petitioneRs.is made absolute.

The petitioners shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2).Cr.P.C.August 27, 2013 (Naresh Kumar Sanghi) seema Judge