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High CourtsSingle Bench(2011) 02 P&H CK 0330

Gurpreet Singh vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 14 February 2011

HON’BLE JUDGES
Daya Chaudhary, J
CASE NUMBER
Criminal Miscellaneous No. M-3657 of 2011 (O and M)

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Judgment

10 paragraphs · 356 words

Daya Chaudhary, J.

Crl. Misc. No. 8496 of 2011

1.

This is an application for placing on record Annexure P-2.

2.

Application is allowed and Annexure P-2 is taken on record.

Cr. Misc. No. M-3657 of 2011

3.

The present petition u/s 482 Code of Criminal Procedure has been filed on behalf of Gurpreet Singh for quashing of FIR No. 45 dated 27.2.2005 registered under Sections 447, 441, 506, 148, 149 IPC at Police Station Sadar, District Jalandhar.

4.

Learned Counsel for the Petitioner contends that the Petitioner was appearing before the trial Court regularly till 28.8.2009 and subsequently as he was not well, he could not appear before the trial Court. Learned Counsel further contends that co-accused, who were facing trial, made confession and were convicted by the trial Court vide its judgment dated 16.11.2009 and were released on probation u/s 4(1) of the Probation of Offender''s Act, 1958 on their entering into probationary personal bonds in the sum of Rs. 5000/-each for the period of six months. Learned Counsel also contends that all the offences are bailable and the Petitioner is ready to surrender before the trial Court and attend the Court proceedings regularly.

5.

Heard the arguments advanced by learned Counsel for the Petitioner and have also perused the other documents available on record.

6.

Although the prayer in this petition is for quashing of the FIR but in view of the facts mentioned above, the FIR cannot be quashed at this stage. However, keeping in view the fact that the Petitioner is ready to surrender before the trial Court, join the court proceedings and the fact that all the offences are bailable, Petitioner is directed to surrender before the trial Court within a period of two weeks from the date of receipt of copy of the order. In case, he surrenders before the trial Court, he shall be released on bail subject to his furnishing bail bond and surety bond to the satisfaction of trial Court. The Petitioner is also burdened with Rs. 10,000/-as costs, which is to be deposited with Punjab State Legal Services Authority.

7.

The petition stands disposed of.