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Jagbir Singh vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 29 November 2010 · Citation: (2010) 11 P&H CK 0560

HON’BLE JUDGES
Ram Chand Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438, 438(2) · Penal Code, 1860 (IPC) — Section 120B, 420, 467, 468, 471
CASE NUMBER
CRM No. M 31665 of 2010
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Judgment

13 paragraphs · 325 words

Ram Chand Gupta, J.—The present petition has been filed by Petitioner Jagbir Singh u/s 438 of Code of Criminal Procedure seeking anticipatory bail in case FIR No. 301 dated 19.12.2009 registered under Sections 420, 468, 467, 471, 120B IPC at Police Station Parao, District Ambala.

2.

I have heard learned Counsel for the parties and have gone through the whole record carefully.

3.

This Court while issuing notice of motion on 29.10.2010 passed the following order:

Crl.M. No. 56426 of 2010

Application is allowed subject to all just exceptions.

Crl.M. No. M-31665 of 2010

Contends that Petitioner is 77 years old and that he has been falsely implicated in this case just on the statement of main accused-Darshan Singh. Further contends that main accused Darshan Singh has already been granted anticipatory bail by this Court.

Notice of motion for 29.11.2010.

However, Petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified u/s 438(2) Cr.P.C.

4.

It has been stated by learned Counsel for the Petitioner that he has already joined the investigation pursuant to said order dated 29.10.2010.

5.

It has also been stated by learned Counsel for the State that Petitioner has joined the investigation and that he is no more required for any custodial interrogation.

6.

There are no allegations on behalf of the State that Petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

7.

Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Petitioner Jagbir Singh is accepted and order dated 29.10.2010 granting interim bail in favour of the Petitioner is, hereby, made absolute subject to compliance of conditions specified u/s 438(2) Code of Criminal Procedure.