Raghbir Singh Bulhara vs Union Territory of Chandigarh

K.S. Tiwana, J.

The petitioner has filed this application under section 438. Code of Criminal Procedure, 1973 for releasing him on anticipatory bail.

Notice was issued to the Union Territory, Chandigarh, where the case against him is stated to be registered.

I have heard the learned counsel for the parties. The parties are agreed that F.I.R. No. 133 dated 25th January, 1973 under sections 186 and 506 of the Indian Penal Code. is registered against the petitioner in Police Station Sector 34, Chandigarh. The offence under section 186, Indian Penal Code, is bailable and the offence under section 506, Indian Penal Code. if at all the prosecution is able to make out against the petitioner would be punishable with a maximum imprisonment of two years and fine, Mr. H S. Brar, Public Prosecutor, appearing for the Union Territory of Chandigarh, when asked as to for what purpose the Investigating Agency requires the presence of the petitioner during the investigation, could not satisfactorily answer the query.

In view of the contentions made in the first information report and the circumstances of the case, it is a fit case in which a direction is required to be issued under section 438, Code of Criminal Procedure, 1973, in the name of the Station House Officer Police Station Sector 34, Chandigarh, to release the petitioner on bail in the amount of Rs. 5,000/ with one surety, to his satisfaction, in case the said Station House Officer, makes up his mind to arrest the Petitioner in case F.I.R. No. 133 of that Police Station. The petitioner shall undertake to appear before the Investigating Officer of join the investigation whenever and wherever within the Union Territory of Chandigarh, he is so required by the Investigation Agency. The petitioner shall not tamper with the prosecution evidence or in any way approach any prosecution witness for the purpose of winning him over. The petitioner shall undertake to keep the good behaviour during the currency of the investigation and shall not place himself beyond the reach of the Investigation Agency or the Court so long as the investigation of the case continues. The petitioner shall not leave the country without the permission of the Court till the decision of this case.