Kawaljit Singh Vs. Union Territory of Chandigarh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1071247
CourtPunjab and Haryana High Court
Decided OnMar-04-2013
AppellantKawaljit Singh
RespondentUnion Territory of Chandigarh
Excerpt:
crm not m-40996 of 2012 (o&m) -1- in the high court of punjab and haryana at chandigarh crm not m-40996 of 2012 (o&m) date of decision :04. 03.2013 kawaljit singh ...petitioner versus union territory of chandigarh ...respondent coram: hon'ble mr.justice jitendra chauhan present: mr.l.s.sidhu, advocate for the petitioner. mr.d.d.sharma, advocate, for u.t.chandigarh, assisted by si sucha singh. jitendra chauhan, j. (oral) the petitioner has approached this court under section 438 of the code of criminal procedure (for short, 'cr.p.c.') for grant of anticipatory bail in case fir no.139 dated 29.07.2012, registered under section 395 of the indian penal code, registered at police station sector 19, chandigarh. the learned counsel for the petitioner contends that the petitioner was neither named in the fir not spotted in the video footage. he has been involved on the statement made by the co.accused, natha singh. the co-accused, harcharan singh, natha singh, gursewak singh, sukhjit singh, lakhwinder singh, balwant singh, crm not m-40996 of 2012 (o&m) -2- jaswinder singh and gurdeep singh, have already been granted regular bail. on the other hand, the learned state counsel, on instructions, states that though the petitioner has joined the investigation, but the cheque books, register and rupees one lac, have not been so far recovered. heard. the petitioner has joined the investigation. the allegations regarding cheque books, register and amount of rupees one lac, are not specifically against the petitioner. eight co-accused have already been enlarged on regular bail. the petitioner is also not seen in the alleged video footage. in view of the above, without expressing any opinion on the merits of the case, the interim bail granted by this court vide order dated 21.12.2012, is made absolute, subject to the conditions contained in section 438(2) cr.p.c.the petition stands disposed of accordingly. 04.03.2013 (jitendra chauhan) atulsethi judge note : whether to be referred to the reporter ?. yes / no.
Judgment:

CRM not M-40996 of 2012 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM not M-40996 of 2012 (O&M) Date of decision :

04. 03.2013 Kawaljit Singh ...Petitioner Versus Union Territory of Chandigarh ...Respondent CORAM: HON'BLE Mr.JUSTICE JITENDRA CHAUHAN Present: Mr.L.S.Sidhu, Advocate for the petitioner.

Mr.D.D.Sharma, Advocate, for U.T.Chandigarh, assisted by SI Sucha Singh.

JITENDRA CHAUHAN, J.

(Oral) The petitioner has approached this Court under Section 438 of the Code of Criminal Procedure (for short, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.139 dated 29.07.2012, registered under Section 395 of the Indian Penal Code, registered at Police Station Sector 19, Chandigarh.

The learned counsel for the petitioner contends that the petitioner was neither named in the FIR not spotted in the video footage.

He has been involved on the statement made by the Co.accused, Natha Singh.

The co-accused, Harcharan Singh, Natha Singh, Gursewak Singh, Sukhjit Singh, Lakhwinder Singh, Balwant Singh, CRM not M-40996 of 2012 (O&M) -2- Jaswinder Singh and Gurdeep Singh, have already been granted regular bail.

On the other hand, the learned State counsel, on instructions, states that though the petitioner has joined the investigation, but the cheque books, register and Rupees One Lac, have not been so far recovered.

Heard.

The petitioner has joined the investigation.

The allegations regarding cheque books, register and amount of Rupees One Lac, are not specifically against the petitioner.

Eight co-accused have already been enlarged on regular bail.

The petitioner is also not seen in the alleged video footage.

In view of the above, without expressing any opinion on the merits of the case, the interim bail granted by this Court vide order dated 21.12.2012, is made absolute, subject to the conditions contained in Section 438(2) Cr.P.C.The petition stands disposed of accordingly.

04.03.2013 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to the reporter ?.

Yes / No.