Jagjit Singh vs State of Punjab

Mehinder Singh Sullar, J.—As the identical points for consideration to grant the concession of anticipatory bail or otherwise to petitioners are involved, therefore, I propose to decide the indicated petitions i.e. CRM No. M-4667 of 2014 titled as Jagjit Singh Vs. State of Punjab (for brevity "the 1st petition") and CRM No. M-10823 of 2014 titled as Gursimranjeet Singh @ Gursimran Singh Vs. State of Punjab (for short "2nd petition"), arising out of the same case/FIR, vide this common order to avoid the repetition of facts.

The petitioners have preferred the instant separate petitions for the grant of concession of anticipatory bail, invoking the provisions of section 438 Cr.PC, in a case registered against them along with their other co-accused, by virtue of FIR No. 185 dated 26.8.2013, on accusation of having committed an offence punishable u/s 420 read with section 34 IPC by the police of Police Station Civil Lines, Bathinda.

Notices of the petitions were 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 petitions for anticipatory bail deserve to be accepted in this context.

During the course of preliminary hearing, a Coordinate Bench of this Court (K.C. Puri, J.) passed the following order in 1st petition on 18.2.2014:-

CRM No. 5360 of 2014 stands allowed. Annexures P-3 and P-4 are taken on record subject to all just exceptions.

Learned counsel for the petitioner has submitted that the matter has already been compromised vide compromise-deed (Annexure P-4) and the amount of Rs. 24 lacs was paid.

Notice of motion for 2.5.2014.

In the meantime, in the event of arrest, the petitioner is ordered be released on interim bail on his furnishing bail bonds to the satisfaction of SHO/Investigating Officer subject to the conditions envisaged u/s 438(2) Cr.P.C. and on joining the investigation.

Sequelly, similar order was passed by a Coordinate Bench of this Court (M.M.S. Bedi, J.) in 2nd petition on 28.03.2014 as well.

At the very outset, the learned State counsel, on instructions from ASI Jaskar Singh, has acknowledged the relevant factual matrix and stated that the petitioners have already joined the investigation and they are no longer required for further interrogation at this stage. Moreover, the parties are stated to have amicably settled their dispute. There is no history of previous involvement of petitioners in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. Even, since the prosecution has not yet submitted the final police report (challan), so, the final conclusion of the 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 discussed 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 petitions are hereby accepted and the indicated interim bail already granted to the petitioners, vide orders dated 18.2.2014 (in 1st petition) and 28.3.2014 (in 2nd petition) are hereby made absolute, subject to compliance of conditions as envisaged u/s 438(2) Cr.PC.

Needless to mention that, in case, the petitioners do not cooperate or join the investigation, the prosecution would be at liberty to move an application for cancellation of their bail, in this relevant behalf.