High CourtsSingle Bench

Jaswinder Kaur and another vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 17 October 2018 · Citation: (2018) 10 P&H CK 0152

HON’BLE JUDGES
Raj Shekhar Attri, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 438, 438(2) · Punjab Village Common Land Regulation Act, 1961 — Section 13A · Punjab Village Common Land Regulation Act, 1961 — Section 4(1), 21(1) · Indian Penal Code, 1860 — Section 120B
RESULT
Allowed
CASE NUMBER
Criminal Misc.No.M-10884 of 2018 (O&M)
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Judgment

10 paragraphs · 154 words

The petitioner has preferred the instant petition under Section 438 Cr.P.C., for grant of pre-arrest bail in case FIR No.121 dated 13.10.2012,

registered under Section 13-A of the Punjab Village Common Land Regulation Act, 1961, Section 4 (1), 21(1) of Mines & Minerals (Development &

Regulation) Act, 1957 and Section 120-B IPC, at Police Station Bhogpur, District Jalandhar.

The allegations against the petitioners are that they had been illegally mining from the Panchayat land.

Learned State counsel has stated that the petitioners have joined the investigation; the challan has already been presented and they are no more

required for custodial interrogation.

In the circumstances, without going into the merits of the case, I do not deem it appropriate to deny the concession of anticipatory bail to the

petitioners in the present case.

Resultantly, the interim order dated 15.03.2018 is made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C.

Petition stands allowed.