Jasdeep Singh vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner-Jasdeep Singh son of Jagdish Singh, has preferred the instant petition for the grant of concession of anticipatory bail, invoking the provisions of Section 438 Cr. P.C., in a cross case registered against him on the statement of Saudagar Singh son of Sadhu Singh, vide FIR No. 137 dated 28.10.2012, on accusation of having committed the offences punishable under Sections 308, 323, 325, 148 and 149 IPC by the police of Police Station Kartarpur, District Jalandhar.

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 deep consideration of the entire matter, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.

The bare perusal of statement of Saudagar Singh son of Sadhu Singh would reveal that neither any specific role nor any particular injury is attributed to the present petitioner. Very vague and general allegations are assigned to him. It is not a matter of dispute that Kulwinder Singh and another, similarly situated co-accused of the petitioner were granted the concession of anticipatory bail by a Coordinate Bench of this Court (Dr. Bharat Bhushan Parsoon J.), vide order dated 03.03.2014 in CRM-M No. 52 of 2014. Therefore, in that eventuality, I see no reason not to extend the concession of anticipatory bail to the present petitioner under the same set of circumstances. Moreover, interim bail was granted to enable the petitioner to join the investigation by this Court, by means of order dated 11.04.2014.

At the very outset, on instructions from HC Lakhwinderjit Singh, learned State counsel has acknowledged the relevant factual matrix and submitted that the petitioner has already joined the investigation. He is no longer required for further interrogation, at this stage. 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 April 11, 2014, 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 joins the investigation, the prosecution would be at liberty to move a petition for cancellation of his bail, in this respect.