TEJPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition for grant of anticipatory bail on behalf of four petitioners namely, Tejpal Singh, Amarjeet Singh, Mohan Singh and Mandip Singh, under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr. P.C), in case registered vide FIR No. 101 dated 26.12.2007 under Sections 447,458,427, 506, 148, 149,120-B IPC at P.S. Bhadson, Tehsil Nabha District Patiala.

(2.) THE aforesaid FIR was lodged by Gurjeet Kaur widow of Sukhwinder Singh against the present petitioners and some others. THE present petition dated 19.8.2008 was filed by the aforesaid petitioners through Sh. Vishal Deep Goyal, Advocate on 21.8.2008. At that time, the registry of the High Court had put up the following objection "Returned to the counsel in original as Crl.M.No.20700- M-2008 u/S. 438 Cr. P.C. is still pending for 28.8.2008 qua petitioners Nos. 1 to 3." THE petitioners re-filed the present petition on 29.8.2008 by removing the objections as under:

(3.) ON 16.1.2009, counsel for the petitioner had submitted that in fact no such petition (CRM M-20700 of 2008) for bail was ever filed by the petitioners and if filed by some Advocate then that was not in their knowledge. In view of the statement made, file of CRM M-20700 of 2008 was also ordered to be tagged with the present case.