Karnail Singh vs State of Punjab

Ram Chand Gupta, J.—This order will dispose of both the aforementioned petitions filed for anticipatory bail u/s 438 of Code of Criminal Procedure in FIR no. 183 dated 17.10.2012, u/s 61 of the Excise Act, 1914 and Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at police station Sadar Fazilka, District Fazilka. I have heard learned counsel for the parties and have gone through the whole record including the impugned orders passed by learned Additional Sessions Judge, Fazilka dismissing bail applications filed on behalf of the petitioners.

Coordinate Bench of this Court while issuing notice of motion on 26.03.2013 passed the following order in Crl. Misc. No. M-9948 of 2013:-

The petitioner seeks the concession of pre-arrest bail in a case of recovery of lahan and illicit liquor in absence of the petitioner from his fields.

Notice of motion for 21.5.2013.

Meanwhile, an interim direction is issued that the petitioner will join the investigation on 30.3.2013. In case of his doing so, he will be released on interim bail to the satisfaction of the arresting officer. The petitioner will also appear before the trial court in case challan has been presented in his absence. In case of petitioner appearing before the trial court, he would be released on interim bail to the satisfaction of the trial court.

This Court while issuing notice of motion on 12.04.2013 passed the following order in Crl. Misc. No. M-11641 of 2013:-

Crl. M. No. 20989 of 2013

Application is allowed subject to all just exceptions.

Crl. M. No. M-11641 of 2013

It has been contended by learned counsel for the petitioner that his case is similar to co-accused Karnail Singh, who has already been granted interim bail by this Court. It is further submitted that even petitioner is having no concern with the field from which alleged recovery of lahan and illicit liquor was effected. It is further submitted that there is no recovery of intoxicating powder from petitioner-accused and rather the same was recovered from co-accused Bagga Singh. It is also contended that he was not present at the time of alleged recovery of lahan and illicit liquor from the fields of co-accused Karnail Singh.

Notice of motion to Advocate General, Punjab, for 21.5.2013.

However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified u/s 438(2) Cr.P.C.

To be heard alongwith Crl. M. No. M-9948 of 2013.

It has been contended by learned counsel for the petitioners that they have already joined the investigation pursuant to said orders dated 26.03.2013 and 12.04.2013. It is further contended that, admittedly, no recovery of intoxicating powder was effected from petitioners-accused and the same was recovered from co-accused Bagga Singh.

This factual position has not been disputed by learned counsel for respondent-State, on instruction from HC Gurmail Singh. Moreover, it has been stated that investigation already completed and challan filed and hence, petitioners-accused are not required for any custodial interrogation.

There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

Hence, in view of these facts and without expressing any opinion on the merits of the case, both the anticipatory bail applications filed on behalf of Karnail Singh and Balvir Singh are accepted and orders dated 26.03.2013 and 12.04.2013 granting interim bail in favour of the petitioners are, hereby, made absolute subject to compliance of conditions specified u/s 438(2) Cr.P.C. Both the petitions stand disposed of accordingly.