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GURCHARAN SINGH. versus STATE OF PUNJAB.

High Court of Punjab and Haryana, Chandigarh

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Gurcharan Singh. v. State of Punjab. - CRM-47284-m-2006 [2006] RD-P&H 6789 (8 September 2006)

Crl. Misc. No.47284-M of 2006 [1]

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Criminal Miscellaneous No.47284-M of 2006 Date of Decision : September 01, 2006

Gurcharan Singh.

.....PETITIONER(S)

VERSUS

State of Punjab.

.....RESPONDENT(S)

. . .

CORAM:- HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT:- Mr. Aminder Singh, Advocate, for the petitioner.

Mr. Eklavya Kumar, Assistant Advocate

General, Punjab.

. . .

AJAI LAMBA, J. (Oral)

This is a petition under Section 438 Cr.P.C. for bail in a case lodged under Sections 307, 148, 149 IPC and Sections 25 & 27 of the Arms Act.

It has been pleaded on behalf of the petitioner that the petitioner has not been named in the FIR. In the supplementary statement also, the petitioner has not been attributed any injury. The allegation is that the gun of the petitioner was taken by Parminder who fired. The gun has already been recovered, and therefore, custodial interrogation of the petitioner for the purposes of recovery is not required. Bail was declined by Crl. Misc. No.47284-M of 2006 [2]

the Additional Sessions Judge, Sangrur, on the ground that the gun is to be recovered.

The aforestated facts are not disputed by the learned State counsel, on instructions from HC Kulwant Singh.

In view of the above, the petition is allowed. It is directed that in the event of arrest, the petitioner shall be enlarged on bail on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions :- "(i) The petitioner shall make himself

available for interrogation as and

when required;

(ii) The petitioner shall not directly

or indirectly make any inducement,

threat or promise to any person

acquainted with the facts of the case

so as to dissuade him from disclosing

such facts to the Court or to any

police officer; and

(iii) The petitioner shall not

leave India without the previous

permission of the Court."

This order shall enure till 10 days after the petitioner receives a notice of filing of final report u/s 173, Cr.P.C. within which period, the petitioner would be at liberty to apply for regular bail.

(AJAI LAMBA)

SEPTEMBER 01, 2006 JUDGE

avin


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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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