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BALWANT SINGH versus STATE OF PUNJAB AND ORS

High Court of Punjab and Haryana, Chandigarh

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Balwant Singh v. State of Punjab and Ors - CRM-72723-M-2006 [2006] RD-P&H 10969 (21 November 2006)

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

CRL.M.No.72723-M of 2006

DATE OF ORDER:28.11.2006

Balwant Singh

...Petitioner(s)

Versus

State of Punjab and Others

....Respondent(s)

CORUM : HON'BLE MR. JUSTICE M.M. AGGARWAL .*.*.*.

Present: Mr. M.S. Rakkar, Senior Advocate.

M.M. AGGARWAL,J

This is petition for cancellation of bail granted to respondents No.2 to 4 in case FIR No.60 dated 2.5.2005 vide order dated 12.10.2006 passed by this Court in Crl.R.No.2073 of 2006.

Counsel for the applicant-petitioner points out that this petition was against an order made under Section 319 Cr.P.C and that was not either for anticipatory bail or regular bail and that bail could not be allowed.

I find that respondents No.2 to 4 were not challaned by the police. They were summoned under Section 319 Cr.P.C to face trial along with the other accused challaned by the police for the offence under Sections 148/302 read with Section 148 IPC.

CRL.M.No.72723-M of 2006 #2#

That order passed under Section 319 Cr.P.C was challenged by respondents No.2 to 4. While dismissing their revision petition against that order, it had been directed that respondents No.2 to 4 should put in appearance before the trial Court and shall be admitted to bail by the trial Court to its satisfaction.

When respondents No.2 to 4 were not challaned and were shown innocent and summoned under Section 319 Cr.P.C, then it was in the interest of justice that they put in appearance and are granted bail and trial starts.

I do not find any good ground to entertain this application.

Dismissed.

November 28, 2006 ( M.M. AGGARWAL )

manoj JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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