Dalip Singh vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner-Dalip Singh son of Darbara Singh, has preferred the instant petition for the grant of anticipatory bail in a case registered against him, vide FIR No. 05 dated 19.01.2013, on accusation of having committed an offence punishable u/s 15 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as ''the NDPS Act'') (the offences punishable under Sections 379, 411, 420, 467, 468 and 471 IPC were later on added), by the police of Police Station Subhanpur, District Kapurthala, invoking the provisions of Section 438 Cr.P.C. Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.

It is not a matter of dispute that the petitioner was earlier granted the concession of regular bail in this case, by the Judge Special Court, Kapurthala, by way of order dated 01.03.2013 (Annexure P-2). Since the offences punishable u/s 379, 411, 420, 465, 467, 468 and 471 IPC, were later on added, so, now he apprehends his arrest by the police.

Moreover, during the course of preliminary hearing, a Co-ordinate Bench of this Court (M.M.S. Bedi, J.), has passed the following order on May 06, 2013:-

For having been found in possession of 10 kg of poppy husk, the petitioner had been granted the concession of regular bail. On fabrication of documents of motorcycle, the petitioner apprehends arrest in the added offence.

Notice of motion for August 8, 2013.

Meanwhile, an interim direction is issued that in case of arrest of the petitioner, he will be released on interim bail to the satisfaction of the arresting officer.

At this stage, on instructions from ASI Manjit Singh, learned State Counsel has acknowledged the factual matrix and submitted that the petitioner has already joined the investigation. He is no longer required for further interrogation. There is no history of his previous involvement in any other criminal case. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, the final conclusion of trial will naturally take a long time. In the light of aforesaid reasons and taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioner by this Court, by virtue of order dated May 06, 2013, is hereby made absolute, subject to the compliance of the conditions, as contemplated u/s 438(2) Cr.P.C.

Needless to mention that, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of his bail, in this respect.