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2018 DIGILAW 1443 (PNJ)

Teja Singh v. State of Punjab

2018-03-20

MAHABIR SINGH SINDHU

body2018
JUDGMENT : MAHABIR SINGH SINDHU, J. 1. Present petition has been filed under Section 438 Criminal Procedure Code ('Cr.P.C.' - for short) for grant of pre-arrest bail to the petitioner in criminal complaint No. COMI/113/2015 dated 9.6.2015 under Sections 342, 447 of the Indian Penal Code ('IPC' - for short) and Sections 3 & 4 of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 ('Act” - for short). 2. This Court while issuing notice of motion on 16.12.2017 passed the following orders:- “Heard. Learned counsel for the petitioners submits that complainant has raised dispute of a passage, which is private property of petitioners. Civil suit filed by the complainant to this effect bearing Civil Suit No. 70 of 04.05.2013 has been dismissed by the trial Court vide judgment dated 22.08.2017. In view of the above dispute, the complainant has levelled false allegations against the petitioners. Notice of motion for 26.02.2018. Petitioners are directed to surrender before concerned trial Court/Duty Magistrate, within two weeks and on their appearance, they shall be released on interim bail, till the next date, on their furnishing bail bonds and surety bonds to the satisfaction of concerned trial Court/Duty Magistrate.” 3. Thereafter in terms of order dated 16.12.2017, the petitioners have joined the proceedings before the learned trial Court on 22.12.2017 and submitted their requisite bail bonds to the satisfaction of learned trial Court and copy of that order is already on record. 4. As per office report, despite due service, respondent No.2 has chosen not to appear and contest the present petition. 5. In view of the above, order dated 16.12.2017 is made absolute. 6. Petition stands disposed off. 7. It is made clear that the petitioners shall not evade the proceedings before the learned trial Court.