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Charanjit Kaur v. State Of Punjab .
Factual and Procedural Background
The offence occurred on 24.12.1995. The Additional Sessions Judge observed that the incident appeared to be a free fight between two sides and that persons from both sides sustained injuries; weapons used in the offence were yet to be recovered. The Assistant Advocate-General informed the court that the Investigating Officer had not contacted him to provide necessary information or instructions, and had not even sent necessary information to the Advocate General, Punjab. Because of the lack of cooperation from the Investigating Officer, the court proceeded to consider the matter on the basis of material then available. Prior interim anticipatory bail had been granted to the petitioner Charanjit Kaur on 5.2.1996.
Legal Issues Presented
- Whether anticipatory bail should be granted to the petitioner Charanjit Kaur in light of the long delay since the incident, the nature of the incident (a mutual quarrel/free fight) and the absence of recovered weapons.
- Whether anticipatory bail should be granted to the other accused (Niranjan Singh and Bitu alias Dalbir Singh), and if so, on what conditions.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court noted the Investigating Officer's failure to keep the Assistant Advocate-General informed and the absence of information from the Investigating Officer to the Advocate General, Punjab; accordingly the court constrained itself to consider only the material before it. The court relied on temporal and factual circumstances:
- The offence occurred long back (24.12.1995), indicating a significant lapse of time.
- The Additional Sessions Judge's observation characterized the incident as a free fight between two sides, with injuries on both sides.
- Weapons allegedly used had not yet been recovered.
- Given the elapsed time, the mutual nature of the quarrel, and reciprocal injuries, the court concluded that the petitioner merited bail.
Applying these factual considerations, the court granted anticipatory bail to Charanjit Kaur on the same terms as the earlier interim order and granted anticipatory bail to the two other accused subject to specific conditions regarding bail bonds, surety and availability for interrogation.
Holding and Implications
Core Ruling: The court granted anticipatory bail to the petitioner Charanjit Kaur and granted anticipatory bail to the other two accused, subject to conditions.
Specific orders:
- Charanjit Kaur — anticipatory bail granted on the same terms and conditions as the interim anticipatory bail previously granted on 5.2.1996.
- Niranjan Singh and Bitu alias Dalbir Singh — anticipatory bail granted on condition that, if arrested, each shall be released on bail upon executing a bail bond of Rs. 10,000 with surety to the satisfaction of the investigating/arresting officer, and that they shall make themselves available for interrogation if called by written intimation.
Implications: The direct effect is the grant of anticipatory bail to the named individuals under the specified conditions. The opinion does not discuss broader legal implications or the setting of a new precedent.
S.C Malte, J.:— The Assistant Advocate-General informs that the Investigating Officer has not contacted him so as to keep posted with necessary information and instructions. It is surprising that the Investigating Officer in such cases even did not care to send necessary information to Advocate General, Punjab. Under these circumstances, I am constrained to consider the case on the basis of material available before me. The offence in this case took place long back on 24.12.1995 The Additional Sessions Judge observed that the case appears to be of free fight between two sides, and persons from both the sides suffered injuries. He has further observed that weapons of the offence were still to be recovered. In view of the long span that has elapsed since the incident, and in view of the circumstance that this case is outcome of the quarrel between the two sides, and both the sides have sustained injuries, I find that the petitioner in this case deserves bail. Hence petitioner Charanjit Kaur who had been granted interim anticipatory bail on 5.2.1996 is granted anticipatory bail on same terms and conditions on which it was granted to her earlier.
2. In respect of other two accused, namely Niranjan Singh and Bitu alias Dalbir Singh, anticipatory bail is granted to them on the condition that in the event of their arrest, they shall be released on bail on each of them executing bail bond in the sum of Rs. 10,000/- with surety to the satisfaction of Investigating/arresting officer, and on further condition that they shall make themselves available for interrogation if so called by an initmation in writing.
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