Punjab-Haryana High Court
Mohinder Singh vs State Of Punjab And Another on 9 July, 2019
Author: Manoj Bajaj
Bench: Manoj Bajaj
CRM-M-16990-2019(O & M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
211
CRM-M-16990-2019(O & M)
Date of Decision:09.07.2019
Mohinder Singh ...Petitioner
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE MANOJ BAJAJ
Present: Ms. G.K. Mann, Advocate
for the petitioner.
Mr. Ramdeep Partap Singh, DAG, Punjab.
***
MANOJ BAJAJ, J.
This petition has been filed by the petitioner under Section 438 Cr.P.C. read with Section 482 Cr.P.C. for directing the trial Court to accept the bail bonds of the petitioner on his appearance in a complaint case No.268 of 2006 dated 16.10.2006 (Annexure P-2) under Section 3 (10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Sections 452, 323, 447, 427, 506, 148 and 149 IPC, registered at Police Station Sultanwind/Daburji, Amritsar.
On 12.04.2019, this Court had passed the following order:-
"Learned counsel for the petitioner contends that the petitioner has been summoned in a complaint case No.268 of 2006 dated 16.10.2006 for allegedly having committed an offence punishable under Section 3 (x) of Scheduled Caste and Scheduled Tribe (Prevention of 1 of 2 ::: Downloaded on - 20-10-2019 10:03:43 ::: CRM-M-16990-2019(O & M) -2- Atrocities) Act, 1989 as well as Sections 323, 452 and 506 read with Section 34 of Indian Penal Code. Learned counsel for the petitioner contends that by virtue of Section 18 of the said Act, the applicability of Section 438 Cr.P.C is restricted and therefore, prayer has been made for invoking inherent powers. There does appear reasonable grounds for exercise of inherent powers under Section 482 Cr.P.C.
Notice of motion for 09.07.2019.
In the meantime, the petitioner shall appear before the trial Court on or before 30.04.2019 and the trial Court shall admit him on interim regular bail subject to his furnishing requisite bail bonds and surety bonds."
Learned counsel for the petitioner has submitted that pursuant to the order dated 12.04.2019, petitioner had submitted himself before the Court on 30.04.2019 and produced the said order, whereby the petitioner was extended the concession of interim regular bail.
This fact is not disputed by the learned State counsel. Considering above, the petition is allowed and the interim bail granted by this Court vide order dated 12.04.2019 is made absolute.
The petition stands allowed.
09.07.2019 (MANOJ BAJAJ)
sheetal JUDGE
Whether Speaking/Reasoned: Yes/No
Whether Reportable : Yes/No
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