Mohinder Singh vs State of Punjab

Kanwaljit Singh Ahluwalia, J.—Present petition has been filed u/s 438 Cr.P.C. seeking grant of anticipatory bail to the petitioner in case FIR No. 328 dated 12.11.2008 registered at Police Station Baghapurana, District Moga under Sections 27(A) of the NDPS Act and Section 120-B IPC.

On March 25, 2009, this Court had passed the following order:

The present petition is u/s 438 Cr.P.C., filed by the petitioner praying grant of anticipatory bail in case FIR No. 328 dated 12.11.2008 registered at Police Station Baghapurana, District Moga u/s 27(A) of the Narcotics Drugs & Psychotropic Substances Act (hereinafter to be referred as, ''the Act'') and Section 120-B IPC.

Petitioner was named as accused in case FIR No.192 dated 10.8.2005 u/s 15 of the Act. Mr. Sidhu state that in that case petitioner was not arrested at the spot. He had approached this Court for grant of anticipatory bail and had annexed certificate of Dr. V.P. Soni to the effect that when the contraband was recovered, he was admitted in the hospital. During the course of trial, the trial Court observed that certificate issued by Dr. V.P. Soni in no way inspire confidence and had directed the police to register a case u/s 27(A) of the Act against Dr. V.P. Soni.

According to Mr. Sidhu, petitioner is being prosecuted with the aid of Section 120-B IPC to Section 27(A) of the Act, along with Dr. V.P. Soni. Earlier V.P. Soni has been granted pre-arrest bail vide Criminal Misc. No. M-156 of 2009.

Mr. Mehardeep Singh has stated that trial against the petitioner in case FIR No.192 of 2005 is at fag end and case is fixed for defence evidence. Mr. Sidhu has stated that since the petitioner has to modulate his defence, his arrest be stayed to defend the case. Further more Mr. Sidhu has stated that V.P. Soni has been granted pre-arrest bail. Mr. Mehardeep Singh has further stated that petitioner be allowed to join the investigation so that investigation can proceed further.

Taking these submissions into consideration, in the event of arrest, the petitioner shall be released on interim bail to the satisfaction of Arresting Officer. Petitioner shall appear before the Investigating Officer on 31.3.2009 at 10.00 A.M.

Case to come up for further hearing on 20.4.2009.

Counsel for the State, on instructions from Head Constable Sikander Singh, has stated that petitioner has joined investigation and he is no longer required by the investigating agency.

For the reasons stated in order dated March 25, 2009 and in view of the statement made by Counsel for the State, petitioner is granted pre-arrest bail for a period of 15 days. Thereafter, petitioner will surrender before the trial Court and apply for regular bail.

With these observations, present petition is disposed off.