Jaswinder Singh vs State of Punjab and Prem Singh

Mehinder Singh Sullar, J.—Having exercised his right of anticipatory bail and lost in the Court of Session, petitioner Jaswinder Singh son of Nirmal Singh, has directed the present petition for anticipatory bail in a case registered against him and his co-accused namely, Malkiat Singh, vide FIR No. 143 dated 30.7.2010 (Annexure P1), on accusation of having committed the offence punishable under Sections 420 and 120-B IPC by the police of Police Station Sadar Ludhiana, invoking the provisions of Section 438 Cr.P.C.

Notice of the petition was issued to the State.

Having heard the learned Counsel for the parties, having gone through the record with their valuable assistance and after bestowal of thoughts over the entire matter, to me, the petitioner is entitled to anticipatory bail in the instant case.

As is evident from the record that the parties have compromised the matter, vide compromise deed (Annexure P3). The learned State counsel, on the instructions from ASI Balkar Singh, has stated that the petitioner has already joined the investigation and he is no longer required for further interrogation at this stage. All the offences alleged against the petitioner are triable by the Court of Magistrate. There is no history of previous involvement of the petitioner in any such case.

So, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed 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 accepted. 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 is directed to 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.

However, it is made clear 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.