Didar Singh @ Billo Daman vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner Didar Singh alias Billo Daman son of Parkash Singh, has filed the instant petition for anticipatory bail in a case registered against him alongwith his other co-accused, by way of FIR No. 137 dated 31.7.2009 for commission of the offences punishable under Sections 379, 427, 447, 511 and 506 read with Section 149 IPC, by the police of Police Station Tanda, Distt. Hoshiarpur, invoking the provisions of Section 438 Code of Criminal Procedure.

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 deserves to be accepted in this respect.

At the very outset, the Petitioner was directed to join the investigation. The learned State counsel, on instructions from HC Joginder Singh, has submitted that the Petitioner has already joined the investigation and he is no longer required for further interrogation at this stage. Nothing is to be recovered from him.

It is not a matter of dispute that the Petitioner did not cause any injury to any body. No other overt act or specific role is attributed to him. According to the prosecution, the Petitioner alongwith 20/25 persons has damaged the sugarcane crop of the complainant. All the offences alleged against the Petitioner are triable by the Court of Magistrte. Moreover, there is no history of his previous involvement in any such case.

So, taking into consideration the totality of the facts andcircumstances, emanating from the record, as indicated here-in-above and withoutcommenting further anything on merits, lest it may prejudice the case of either sideduring the course of the trial of the case, to me, the present Petitioner is entitled toanticipatory bail in the obtaining circumstances of the instant case.

Consequently, it is directed that in the event of his arrest, thePetitioner shall be released on anticipatory bail on his furnishing bail and suretybonds in the sum of Rs. 10,000/-to the satisfaction of Arresting Officer, subject to the conditions that (i) he shall make himself available for interrogation by the Investigating Agency as and when required; (ii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and (iii) he will not leave India without prior permission of the trial Court.

Needless to state that 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 relevant connection.