Gurmeet Singh vs State of Punjab - 2023 Supreme(P&H) 1600

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1600

RAJBIR SEHRAWAT
Gurmeet Singh – Appellant
Versus
State of Punjab – Respondent

Advocates appeared:
For the Parties : Mr. Harpal Singh Sidhu

Table of Content
1. filing of anticipatory bail under cr.p.c. (Para 1)
2. argument of false implication in the crime (Para 2)
3. state's claim of illegal mining, but lack of evidence (Para 5)
4. granting of anticipatory bail with conditions (Para 6)

Judgment

Mr. Rajbir Sehrawat, J.

The present petition has been filed by the petitioner under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.199 dated 09.09.2023 registered under Section 21 of the Mine and Minerals Act, 1957 and Sections 379 and 411 IPC at Police Station Dharamkot, District Moga.

2. It is submitted by learned counsel for the petitioner that the case against the petitioner is totally concocted. The petitioner is not involved in the crime as alleged against him. Even as per the story of the prosecution, the petitioner is alleged to have taken out some sand from his own land. There is no allegation that the petitioner had stolen the sand either from any public place or from anybody else land. Even in that regard, the allegation is that the petitioner was found in possession of 100 cubic feet of mined sand. Even that allegation is not substantiated to any extent, by any means. To falsely implicate the petitioner,

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