Baljinder Singh Patwari vs The State of Punjab

Mehinder Singh Sullar, J.—Petitioner Baljinder Singh Patwari son of Harbhajan 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. 168 dated 29.7.2013 (Annexure P1), for the commission of the offences punishable u/ss. 420, 467, 468, 471 and 120-B IPC by the police of Police Station Beas, District Amritsar.

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 regard.

During the course of preliminary hearing, a Coordinate Bench of this Court (T.P.S. Mann, J.) passed the following order on 6.5.2014:-

Learned counsel for the petitioner submits that while performing his duties as a Patwari, the petitioner entered the mutation, which was attested by Namberdar. However, later on, the Namberdar filed an application that he had wrongly attested the fact that the deceased did not leave behind any legal heirs. It is also submitted that the order of mutation is under challenge before the revenue authorities. It has also been submitted that Lakhwinder Singh and Balwinder Singh, beneficiary of the mutation entered into by the petitioner, have already been granted the concession of anticipatory bail by this Court, vide order dated 22.4.2014 (Anenxure P3).

Notice of motion to Advocate General, Punjab for 28.5.2014.

In the meantime, the petitioner shall appear before the Investigating Officer on 13.5.2014 at 11.00 a.m. and join the investigation. In the event of his arrest, he be admitted to interim bail by the Investigating Officer/Arresting Officer to his satisfaction. He shall, however, abide by all the conditions as envisaged by Section 438(2) Cr.P.C.

At the very outset, the learned State counsel, on instructions from SI Gurmail Singh, has acknowledged the relevant factual matrix and stated that the petitioner has already joined the investigation and he is no longer required for further interrogation at this stage. There is no history of his previous involvement in any other criminal case. All the offences alleged against the accused are triable by the court of Magistrate. Since the prosecution has not submitted the final police report (challan), so, the final conclusion of trial will 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 (provisional) bail granted to the petitioner, by means of order dated 6.5.2014 by this court is hereby made absolute, subject to compliance of conditions as envisaged u/s 438 Cr.P.C.

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 anticipatory bail only. 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.