Criminal Misc. No. 10622 of 2008 in Criminal Appeal No. 473-SB of 2008 Present: Dr. Deipa Singh, Advocate, for the applicant/appellant. Mr. Ajay Ghengas, DAG, Haryana. Learned counsel for the applicant-appellant submits that the appellant in the present case has been awarded sentence to undergo rigorous imprisonment of 5 years after conviction under Sections 365/342/406 IPC, out of which he has already undergone more than two years of actual imprisonment. The hearing of the appeal is likely to take some time. Accordingly the sentence awarded to the applicant/appellant is suspended and he is ordered to be released on bail to the satisfaction of Chief Judicial Magistrate, Faridabad. Criminal Misc. No. 10622 of 2008 is disposed of. (Rajesh Bindal) Judge April 7, 2008. `ask' Criminal Misc. No. 6551 of 2008 in Criminal Appeal No. 231 SB of 2007 Present: Mr. Jagjit Gill, Advocate, for Mr. G.S. Kaura, Advocate, for the applicants/ appellants. Mr. Ajay Ghengas, DAG, Haryana. The prayer in the present petition is for suspension of sentence of the applicants/appellants, who have been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.5,000/- each. They have been convicted under sections 363/366/376 IPC. The applicants/appellants have already undergone 3 years and 2 months of actual sentence. Counsel for the applicants/appellants submits that they have been falsely implicated, otherwise it was a case of consent. Hearing of the appeal is likely to take some time. Accordingly the sentence awarded to the applicants/appellants is suspended and they are ordered to be released on bail to the satisfaction of Chief Judicial Magistrate, Sirsa. Criminal Misc. No. 6551 of 2008 is disposed of. (Rajesh Bindal) Judge April 7, 2008. `ask' Criminal Writ petition No. 47 of 2004 Present: None for the petitioner. Mr. AS Brar, DAG, Punjab. Mr. SPS Sidhu, Advocate, for the complainant. Vide order dated January 25, 2007, the Chief Judicial Magistrate, Ferozepur was directed to conduct enquiry into the case and submit a report to this Court within three months. The case was listed for hearing on May 18, 2007. However, inspite of a number of adjournments thereafter and reminder to the Chief Judicial Magistrate, the report has not been received till date. The Chief Judicial Magistrate be directed to explain his position as to why the report has not been submitted till date. Adjourned to April 29, 2008. (Rajesh Bindal) Judge April 7, 2008. `ask' IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Criminal Misc. No. M-5225 of 2008 Date of decision : April 7, 2008 Pavittar Singh @ Peeta and others -Petitioners Vs. State of Punjab -Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal. Present: Mr. B.D.Sharma, Advocate, for the petitioners. Mr. AS Brar, DAG, Punjab. Mr. Naresh Kaushik, Advocate, for the complainant. Rajesh Bindal J.(Oral) Learned counsel for the petitioners submits that petitioners No.2 and 3 have been found to be innocent by the police during investigation. The said fact is not disputed by Learned counsel appearing for the State. So far as Pavittar Singh petitioner No.1 is concerned, the allegation against him in the FIR is that he had hit Ravinder Singh with his rifle butt near his left ankle. Be that as it may, without opining on the merits of the controversy, the petition is disposed of with a direction that in case of arrest, the petitioners shall be released on bail to the satisfaction of the Arresting/Investigating Officer. They shall appear before the Investigating Officer as and when called upon for investigation. They shall also be bound by all the conditions as contained in Section 438 (2) Cr.P.C. Criminal Misc. No. M-5225 of 2008 -2- In the present case the petitioners are NRIs. They are directed to surrender their passports and heavy security be taken from them. [Rajesh Bindal ] JUDGE April 7, 2008 `ask' IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Criminal Misc. No. M-3610 of 2008 Date of decision : April 7, 2008 Hardeep Singh -Petitioner. Vs. State of Punjab -Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal. Present: Mr. Surinder Garg, Advocate, for the petitioner. Mr. AS Brar, DAG, Punjab. Rajesh Bindal J. Learned counsel for the petitioner submits that though it is alleged in the FIR that the petitioner was carrying a Kirpan, but the fact is falsified as there is no injury attributed to the petitioner with the Kirpan. It is not disputed that the petitioner has already joined the investigation. Be that as it may, without opining on merits of the controversy, the interim order granting pre-arrest bail to the petitioner on February 13, 2008 is hereby made absolute. The petition is disposed of. [Rajesh Bindal ] JUDGE April 7, 2008 `ask' IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Criminal Misc. No. M-3040 of 2008 Date of decision : April 7, 2008 Gurmeet Singh Mann -Petitioner Vs. State of Punjab -Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal. Present: Mr. Surinder Garg, Advocate, for the petitioner. Mr. AS Brar, DAG, Punjab. Rajesh Bindal J. (Oral) The only allegation against the petitioner in the FIR is that he raised a lalkara while accompanying the other accused. It is not disputed that the petitioner has already joined the investigation. Be that as it may, without opining on the merits of the controversy, the interim order granting pre-arrest bail to the petitioner dated February 6, 2008 is hereby made absolute. The petition is disposed of. [Rajesh Bindal ] JUDGE April 7, 2008 `ask' Criminal Misc. No. M-1669 of 2008 Present: Mr. Surinder Garg and Mr. JS Toor, Advocates, for the petitioner. Mr. AS Brar, DAG, Punjab. As per office report, service upon the respondents is complete. However, no one has appeared for respondent No.2. To explore the possibility of settlement, respondent No.2 is directed to appear in person on the next date of hearing. The Investigating Officer is directed to intimate the complainant/respondent No.2 about the order of this Court. Adjourned to 13.5.2008. (Rajesh Bindal) Judge April 7, 2008. `ask' Criminal Misc. No. M-1215 of 2008 Present: Mr. Veneet Sharma, Advocate, for the petitioner. Mr. AS Brar, DAG, Punjab. Counsel for the petitioner submits that in terms of the order passed by this Court dated 22-1-2008, the petitioner has already appeared before the Court below and furnished his fresh bail bonds. Counsel for the petitioner further submits that it is a complaint case and vide order dated 22.1.2008 notice of motion was issued only to Advocate General, Punjab. He prays that notice of motion to respondent No.2 be also issued. Let notice of motion be issued to respondent No. 2 for 2-5-2008 on filing of process fee. (Rajesh Bindal) Judge April 7, 2008. `ask' IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Criminal Misc. No. M-32 of 2008 Date of decision : April 7, 2008 Darbara Singh -Petitioner. Vs. State of Haryana -Respondent. CORAM : Hon'ble Mr. Justice Rajesh Bindal. Present: Mr. GS Sandhu, Advocate, for the petitioner. Mr. Ajay Ghengas, DAG, Haryana. Rajesh Bindal J. Counsel for the petitioner submits that in the other case registered against the petitioner under Narcotic Drugs & Psychotropic Substances Act, 1985 he has already been acquitted even prior to the registration of the present case, in which he was not named in the FIR. no recovery was effected from him and it was only on the statement of Satpal Singh that the petitioner was involved. The recovery of 1Kg 450 grams of poppy husk was effected from Satpal Singh, who has been released on regular bail by the trial Court. Be that as it may, without opining on the merits of the controversy, interim order dated 2-1-2008 granting pre-arrest bail to the petitioner is made absolute. The petition is disposed of. [Rajesh Bindal ] JUDGE April 7, 2008 `ask' IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Criminal Misc. No. 44910-M of 2007 Date of decision : April 7, 2008 Inderjit Singh and others -Petitioners. Vs. State of Punjab -Respondent. CORAM : Hon'ble Mr. Justice Rajesh Bindal. Present: Ms. G.K.Mann, Advocate, for the petitioners. Mr. AS Brar, DAG, Punjab. Mr. LM Gulati, Advocate, for the complainant. Rajesh Bindal J. So far as petitioner No.3 Satnam Singh is concerned, Ms. Mann does not press the present petition on his behalf. Accordingly the present petition qua petitioner No. 3 is dismissed as not pressed. The injuries attributed to petitioners No.1 and 2 i.e. Inderjit Singh and Sakatter Singh have been found to be simple in nature. It is also not disputed that they have already joined the investigation. Accordingly the interim order dated 7-9-2007 granting pre-arrest bail qua petitioners No.1 and 2 is hereby made absolute. The petition is disposed of accordingly. [Rajesh Bindal ] JUDGE April 7, 2008 `ask' Criminal Misc. No. M-5646 of 2008 Present: Mr. BS Bhasaur, Advocate, for the petitioner. Mr. AS Brar, DAG, Punjab. Mr. ML Saggar, Sr. Advocate, with Mr. GS Brar, Advocate, for the complainant. On joint request of counsel for the parties, adjourned to 10-4-2008. (Rajesh Bindal) Judge April 7, 2008. `ask' IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Criminal Misc. No. M-458 of 2008 Date of decision : April 7, 2008 Harmandeep Singh @ Bheema -Petitioner Vs. State of Punjab -Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal. Present: Mr. Vikram Bali, Advocate, for the petitioner. Mr. AS Brar, DAG, Punjab. Rajesh Bindal J. Learned counsel for the petitioner submits that the petitioner is in custody since 8-7-2005. The prosecution has named ten witnesses, but only two have been examined so far. In fact, the petitioner has been falsely implicated as the truck was taken from his residence and the recovery was shown therefrom. Be that as it may, without opining on the merits of the controversy, it is directed that pending trial, the petitioner shall be released on bail to the satisfaction of Chief Judicial Magistrate, Ludhiana. The petition is disposed of. [Rajesh Bindal ] JUDGE April 7, 2008 `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . 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(Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' C Present: Mr. , Advocate. . (Rajesh Bindal) Judge April 7, 2008. `ask' The cartridge of my printer has gone faint. It may please be replaced by new one immediately so that no inconvenience is caused to the Hon'ble Judges. (Amrik Singh Kalra) Secretary 7-4-2008. Superintendent, Computer Branch