Gurcharan Singh vs State of Punjab

Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case

FIR No.62 dated 21.04.2018, registered at Police Station Division No.2, Jalandhar, under Sections 406, 420 and 120-B of the Indian Penal Code.

Notice of motion was issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record.

As per the allegations stated in the FIR, a total amount of `3 lakhs and documents were given to co-accused, Surinder Sagar for getting the job to

Harkawaljit Singh and Ramandeep Kaur, son and daughter-in-law of the complainant and co-accused Surinder Sagar issued cheques to the

complainant as security. Though the present petitioner is named in the FIR and allegations are levelled against him, yet the main accused is Surinder

Sagar as per the prosecution version.

In pursuance of the interim order dated 27.09.2018 passed by this Court, the petitioner has already joined the investigation. He is not required for

custodial interrogation. Therefore, no useful purpose will be served by sending him to custody.

Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any

opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 27.09.2018, granting interim bail to the petitioner,

is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438

(2) Cr.P.C.