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Punjab-Haryana High Court

Kulbir Singh vs State Of Punjab on 4 November, 2016

Author: Hari Pal Verma

Bench: Hari Pal Verma

 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                       Criminal Misc. No. M-39464 of 2016
                                       Date of Decision: 04.11.2016

Kulbir Singh
                                                                       ...Petitioner
                                        Versus
State of Punjab
                                                                       ...Respondent

CORAM: HON'BLE MR. JUSTICE HARI PAL VERMA

Present:-    Mr. K.S. Khehar, Advocate for the petitioner

                                                 ****
HARI PAL VERMA J.(Oral)

Prayer made in the present petition filed under Section 439 Cr.P.C. is for grant of interim regular bail to the petitioner so as to enable him to attend the General Meeting of Shiromani Gurduwara Parbhandhak Committee at Amritsar which is schedule to be fixed on 05.11.2016.

Learned counsel for the petitioner states that petitioner is a member of said Committee and in view of the notification No. SO 3325(e) dated 26th October, 2016 issued by Govt. of India which has been received by Chief Secretary, Shiromani Gurduwara Parbhandhak Committee, Sri Amritsar, the General Meeting of Shiromani Gurduwara Parbhandhak Committee, Sri Amritsar has been fixed for 05.11.2016 in the afternoon at 12.15 p.m. in the office of Shiromani Gurduwara Parbhandhak Committee, Teja Singh Samundri Hall, Sri Amritsar and the petitioner being a member of SGPC has been asked to attend this meeting. He states that though FIR No. 205 dated 05.11.2015 under Sections 302/307/326/323/ 324/148/149/120-B IPC and Sections 25/27/54/59 of the Arms Act at Police Station Sadar, Jalandhar has been filed against the petitioner but he had been admitted to interim bail in the past as well. He refers to order passed by this Court in Crl. Misc. No. M-32217 of 2016 titled as Kulbir Singh vs. State of Punjab whereby after attending the bhog ceremony of his father on 13.9.2016, he had surrendered back.

1 of 2 ::: Downloaded on - 17-11-2016 04:59:12 ::: Criminal Misc. No. M-39464 of 2016 -2- The petitioner has shown his bonafide and there is no ulterior motive behind his interim regular bail.

Notice of motion.

On the asking of the Court, Mr. Gurinderjit Singh, DAG Punjab accepts notice. After perusing the petition, the State counsel very fairly stated that the petitioner is a member of SGPC and the meeting of SGPC is scheduled to be held on 05.11.2016.

I have heard counsel for the parties.

Taking into consideration the fact that the petitioner being a member of the SGPC has been informed by the Chief Secretary, Shiromani Gurduwara Parbhandhak Committee, Sri Amritsar to attend the said meeting and the fact that in the past the petitioner had been allowed interim bail and after availing the interim bail so as to attend the bhog ceremony of his father he had surrendered back to the jail authorities, this Court finds that prayer made by the petitioner seems justified.

Since the meeting is scheduled for tomorrow, the petitioner is permitted to attend the SGPC meeting on 05.11.2016 in the office of Shiromani Gurduwara Parbhandhak Committee, Sri Amritsar. The petitioner shall be taken from Central Jail Kapurthala to the office of Gurduwara Parbhandhak Committee, Teja Singh Samundri Hall, Sri Amritsar in a police custody. He would be released on 05.11.2016 in morning at 10.00 a.m. and would surrender back to the Jail Authorities at 5.00 p.m. With the aforesaid direction, the present petition stands disposed of.

(HARI PAL VERMA) JUDGE November 04, 2016 reena Whether speaking/reasoned? Yes/No Whether reportable? Yes/No 2 of 2 ::: Downloaded on - 17-11-2016 04:59:13 :::