Sher Khan vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner Sher Khan son of Habib, has directed the instant petition for the grant of concession of anticipatory bail, in a case registered against him, vide FIR No. 14 dated 24.1.2014 (Annexure P1), for the commission of offences punishable u/ss. 406 and 420 IPC by the police of Police Station Sohana, District S.A.S. Nagar (Mohali).

Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration over the entire matter, to my mind, the present petition deserves to be accepted in this context.

During the course of preliminary hearing, the following order was passed by this court on 22.4.2014:-

Learned counsel, inter-alia, contended that Habib father of the petitioner was owner in possession of the land in question as per the jamabandi for the year 2000-01 (Annexure P3). After his death, the petitioner being his son has inherited the land, vide mutation No. 2052 (Annexure P5). Thereafter, the official of complainant M/s. Continental Info Solution Private Limited, approached the petitioner and offered to purchase his land. After verifying the title of the suit land, the complainant purchased the land of the petitioner, vide registered sale deed dated 08.05.2006 (Annexure P2). In pursuance of the sale deed, the mutation was also entered and attested in favour of the vendee (complainant No. 1). The argument is that although the petitioner has sold his land to the complainant, by means of registered sale deed dated 08.05.2006 (Annexure P2) but the complainant, being the influential person, lodged the present case, by way of FIR 14 dated 24.01.2014 (after more than seven and half year of the execution of sale deed), without any explanation and in order to wreak vengeance.

Heard.

Notice of motion be issued to the respondent, returnable for 14.05.2014.

Meanwhile, the petitioner is directed to join the investigation before the next date of hearing. In the event of his arrest, the Arresting Officer would admit him to bail on his furnishing adequate bail and surety bonds in the sum of Rs. 25,000/- to his satisfaction.

At the very outset, the learned State counsel, on instructions from ASI Balbir Singh, has acknowledged the relevant factual matrix and stated that the petitioner has already joined the investigation and he is no longer required for further interrogation at this stage. Moreover, the dispute appears to be of civil nature. There is no history of previous involvement of petitioner in any other criminal case. All the offences alleged against the accused are triable by the court of Magistrate. Since the prosecution has not submitted the final police report(challan), so, the final conclusion of trial will naturally take a long time.

In the light of aforesaid reasons, taking into consideration the totality of the facts & circumstances, emanating from the record, as indicated here-in-before and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of main case, the instant petition is accepted and the interim (provisional) bail granted to the petitioner, by means of order dated 22.4.2014 by this court is hereby made absolute, subject to compliance of conditions as envisaged u/s 438(2) Cr.P.C.

Needless to mention that nothing observed here-in-above would reflect on the merits of the main case, in any manner, as the same has been so recorded for the limited purpose of deciding the present petition for anticipatory bail only. At the same time, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move an application for cancellation of his bail in this Court.