Gurmeet Singh vs State of Punjab

Mehinder Singh Sullar, J.—Invoking the provisions of Section 438 Code of Criminal Procedure, Petitioner Gurmeet Singh son of Amarjit Singh, has applied for anticipatory bail in a case registered against him, vide FIR No. 112 dated 30.9.2009 (Annexure P1), on accusation of having committed the offence punishable u/s 135 of the Electricity Act, 2003, by the police of Police Station Anti Power Theft, PSEB, Patiala.

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 Petitioner is entitled to anticipatory bail in this context.

The Petitioner was directed to join the investigation. At the very outset, the learned State counsel, on instructions from ASI Shamsher Singh, has stated 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. Moreover, there is no history of previous involvement of the Petitioner in any such case.

What is not disputed here is that the Petitioner has already challenged the action of the officials of the Electricity Board before the District Consumer Disputes Redressal Forum, Patiala, wherein they were directed to re-connect the connection immediately, till the decision of the complaint, vide order (Annexure P2).

So, taking into consideration the totality of the facts and circumstances, emanating from the record, as detailed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the present petition for anticipatory bail is allowed in the obtaining circumstances of the instant case.

Consequently, it is directed that in the event of his arrest, the Petitioner shall be released on anticipatory bail on his furnishing bail and surety bonds 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 orjoin the investigation, the prosecution would be at liberty to move an applicationfor cancellation of his bail, in this relevant connection.