Jatinder Kumar vs State Of Punjab

H.S. Madaan, J

This petition for pre-arrest bail has been filed by petitioner Jatinder Kumar, an accused in FIR No.259 dated 24.09.2020, for offences under Sections

420 and 120-B IPC, registered with Police Station Gidderbaha, District Sri Muktsar Sahib.

Briefly stated the facts of the case as per prosecution story are that, FIR in question was registered on the basis of written complaint submitted by

complainant Surinder Kumar son of Mukhtiari Lal, resident of Roop Nagar, Gidderbaha alleging that Jatinder Kumar son of Jagdish Lal resident of

Roop Nagar Gidderbaha along with his co-accused namely Makhan Singh, Sadhu Ram, Krishan Kumar had duped him of his hard earned money by

entering into agreements to sell qua the properties which they did not own and in that way cheated him; petitioner Jatinder Kumar was nominated as

an accused during the course of investigation being an attesting witness of three agreements to sell.

Apprehending his arrest in this case, petitioner/accused had approached the Courts of Sessions at Sri Muktsar Sahib by moving an application for

grant of pre-arrest bail but was unsuccessful. Feeling aggrieved, the petitioner has approached this Court, craving for grant of similar relief, which

request is being opposed by the State counsel.

I have heard learned counsel for the parties besides going through the record.

Learned counsel for the petitioner has contended that in terms of the direction issued to him by this Court, vide last order dated 13.01.2021, the

petitioner has since joined the investigation and has been released on interim bail. He has further contended that the petitioner is simply an attesting

witness of the agreements to sell and had not received any financial benefit under the agreements; no offence of cheating on his part is made out; with

the petitioner having joined the investigation, his custodial interrogation is not required. Therefore, the present petition be accepted.

Learned State counsel, on instructions from ASI Harnek Singh has conceded the factum of petitioner having joined the investigation, further stating

that since no recovery is to be effected from him, his custodial interrogation is not required.

Keeping in view the facts and circumstances of the case and in the light of statement made by the State counsel, I find that the petition deserves to be

accepted. Accordingly, the same is allowed. The interim bail granted to the petitioner, vide order dated 13.01.2021 is made absolute, subject to the

following conditions:-

that the petitioner shall make himself available for investigation by a police officer as and when required;

that 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;

that he shall not leave India without prior permission of the Court.

that he shall surrender his passport before the Investigating Officer and if he is not having passport, then, shall file the affidavit in that regard.

In case, the petitioner violates any terms & conditions, on which the bail has been granted to him, the prosecution would be entitled to apply for

cancellation of bail.