Kashmir Singh and Another vs State of Punjab

Kanwaljit Singh Ahluwalia, J.—This Court, on January 24, 2012, had passed the following order:

The present petition has been filed u/s 438 Cr.P.C. for grant of pre-arrest bail to the petitioners in case arising out of FIR No. 282 dated 21.12.2011, registered at Police Station Shahkot, District Jalandhar, under Sections 420 and 120-B IPC.

Learned counsel for the petitioner contends that the petitioner is an attesting witness to the agreement to sell dated 13.12.2004. Learned counsel submits that the complainant has not denied his signatures on the agreement to sell but has stated that he had taken Rs. 50,000 as a loan and had executed documents acknowledging the same. Learned counsel further submits that as per the complainant, he had returned the amount and an acknowledgment was also made on the back of the agreement extending the date of execution of sale deed. Learned counsel submits that once the complainant admitted his signatures on the agreement to sell it cannot be said that the petitioner had wrongly identified the purchaser or the seller.

Issue notice of motion to Advocate General, Punjab, for 6.2.2012.

Meanwhile, in the event of arrest, the petitioners shall be admitted to interim bail on their furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioners shall, however, join the investigation as and when called for and they will also abide by the conditions as specified u/s 438(2) Cr.P.C.

Counsel for the State, on instructions from Nirmal Singh ASI, Police Station Shahkot, District Jalandhar, states that the petitioners have joined the investigation and are no longer required for custodial interrogation by the investigating agency.

For the reasons stated in order dated January 24, 2012 and in view of the statement made by Counsel for the State, the present petition is accepted. The order dated January 24, 2012, granting interim pre-arrest bail to the petitioners, is hereby affirmed and it is ordered that in the event of arrest, the petitioners shall be released on bail to the satisfaction of the arresting/investigating officer. However, they shall continue to appear before the investigating agency as and when called-for till filing of a report u/s 173 Cr.P.C. They shall also abide by the conditions specified u/s 438(2) Cr.P.C. On submission of the report u/s 173 Cr.P.C., the petitioners shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court.