Amar Pal vs State of Haryana

Mehinder Singh Sullar, J.—Petitioner Amar Pal son of Mohar Singh, has preferred the instant petition for the grant of concession of anticipatory bail, in a case registered against him along with his other co-accused, vide FIR No. 40 dated 12.1.2014 (Annexure P1), for the commission of offences punishable u/ss. 420, 417, 336 IPC and Section 15(2) & 15(3) of The Indian Medical Council Act, by the police of Police Station City, Karnal.

Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration over the entire matter, to my mind, the present petition deserves to be accepted in this context.

During the course of preliminary hearing, a Coordinate Bench of this Court (Naresh Kumar Sanghi, J.) passed the following order on 3.3.2014:-

Prayer in the present petition is for grant of anticipatory bail to petitioner, Amar Pal, who has been booked for having committed the offences punishable u/s 417, 420 and 336 of the Indian Penal Code as well as Sections 15(2) and 15(3) of the Indian Medical Council Act, in a case arising out of FIR No. 40 dated 12.1.2014 registered at Police Station, City Karnal.

Learned counsel contends that the ingredients of the offences, for which the petitioner has been booked, are not attracted qua him since no one has reported to the police that the petitioner impersonated himself as MBBS doctor who could deal in allopathy medicines and committed any cheating. He further contends that even the ingredients of Section 15(2) and 15(3) of the Indian Medical Council Act are not attracted for prosecution of the petitioner.

Notice of motion for 9.5.2014.

Meanwhile, in the event of his arrest, the petitioner is ordered to be released on interim bail subject to his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the Arresting Officer.

The petitioner shall continue to join the investigation as and when required to do so by the Investigating Officer and shall abide by all the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

At the very outset, the learned counsel has stated at the bar that the petitioner has already joined the investigation and is not involved in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. The final conclusion of trial would naturally take a long time.

In the light of aforesaid reasons, taking into consideration the totality of the facts & circumstances, emanating from the record, as indicated here-in-before and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of main case, the instant petition is accepted and the interim bail already granted to the petitioner, by means of order dated 3.3.2014 by this court is hereby made absolute, subject to compliance of conditions as envisaged u/s 438(2) Cr.PC.

Needless to mention that nothing observed, here-in-above, would reflect on the merits of the main case, in any manner, as the same has been so recorded for the limited purpose of deciding the present petition for pre-arrest bail. At the same time, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move an application for cancellation of his bail in this Court.