Rakesh Chopra and Others vs State of Punjab

Alok Singh, J.—This is an application seeking anticipatory bail in case FIR No. 26 dated 2.3.2011 under Sections 406/498-A/506/323/34 IPC, Police Station City South, District Moga.

This Court vide order dated 5.4.2011 has directed to release the Petitioners on interim bail.

Learned Counsel for the Petitioners states that istri dhan received by the Petitioners is mentioned in Annexure P-12 and Petitioners are ready and willing to return the entire istri dhan mentioned in Annexure P-12. He further states that beyond the items mentioned in Annexure P-12, Petitioners are not in possession of any istri dhan.

Mr. Anmol Rattan Sidhu, learned Senior Advocate, assisted by Mr. Ajay Kauhik, Advocate, appearing for the complainant, states that let Petitioners return first istri dhan mentioned in Annexure P-12. He, however, states that entire istri dhan is not included in Annexure P-12. Complainant shall hand over the list of all the items given.

Mr. K.D. Sachdeva, learned Additional Advocate General, Punjab, on instructions from ASI Malook Singh, who is personally present in Court, states that Petitioners have joined the investigation and custodial interrogation is not required. He further states that if Petitioners give/handover the istri dhan mentioned in Annexure P-12, same shall be handed over to the complainant on the same day by the Investigating Officer.

Considering totality of the facts and circumstances of the case, petition is allowed. Order dated 5.4.2011 is made absolute, subject to the following conditions:

i) that he shall make himself available for interrogation by a police officer as and when required;

ii) 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 them from disclosing such facts to the Court or to any police officer;

iii) that he shall not leave India without the previous permission of the Court.

It is made clear that Petitioners as well as the complainant shall report to the Investigating Officer on 17.5.2011 and shall exchange the istri dhan mentioned in Annexure P-12. If istri dhan mentioned in Annexure P-12 is not returned and Petitioners fail to participate in the investigation, complainant as well as Investigating Officer shall be at liberty to move application for revocation of the bail.