Sukhwinder Kaur and Others vs State of Punjab

Mehinder Singh Sullar, J.—Petitioners-Sukhwinder Kaur wife of Bakshish Singh, her son Baljinder Singh and Manjit Singh son of Bhai Singh, have preferred the instant petition for the grant of anticipatory bail in a case registered against them along with their other co-accused Bakshish Singh and others, vide FIR No. 42 dated 15.04.2013, on accusation of having committed the offences punishable under Sections 434, 447, 379 and 506 IPC, by the police of Police Station Ghuman, District Gurdaspur, invoking the provisions of Section 438 Cr.P.C. Notice of the petition was issued to the State.

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

The prosecution claimed that main accused Bakshish Singh had purchased some land near the land purchased by Sharanjit Singh (complainant). The land was demarcated. The complainant was stated to have sown wheat crop in his land. On 15.04.2013, Arjan Singh, Ex-Sarpanch, informed the complainant that Bakshish Singh & his family members have cut and stolen the wheat crop standing on his land with the help of tractor and combine.

It is not a matter of dispute that main accused Bakshish Singh son of Waryam Singh has already filed a civil suit for permanent injunction with respect to the same land, in which, the complainant and his other companions were restrained from interfering or dispossessing him from the land in dispute, by means of order dated 13.03.2013 (Annexure P-1) by the civil court. The dispute appears to be purely of a civil nature. No other specific role or overt-act is attributed to the present petitioners. The perusal of the order dated 18.05.2013 (Annexure P-3) would reveal that the petitioners were admitted to interim bail. Subsequently, the bail application was dismissed by way of order dated 30.05.2013(Annexure P-4) on the ground that the investigating officer had made a statement that the petitioners-accused have not joined the investigation. Moreover, all the main allegations are assigned to main accused Bakshish Singh, who has already been allowed bail.

Not only that, during the course of preliminary hearing, a Coordinate Bench of this Court (Paramjeet Singh, J.) passed the following order on June 13, 2013:-

Instant petition has been filed u/s 438 of the Code of Criminal Procedure for grant of pre-arrest bail to the petitioners in case FIR No. 42 dated 15.04.2013, registered at Police Station Ghuman, Tehsil Batala, District Gurdaspur, under Sections 434/447/379/506 of the Indian Penal Code.

Learned counsel for the petitioners contends that earlier, the petitioners were granted interim bail and subsequently their applications was dismissed on the ground that they have not joined the investigation.

Notice of motion to the Advocate General, Punjab, for 30.07.2013.

Mr. Puneet Jindal, Advocate has put appearance on behalf of complainant.

Learned counsel for the complainant vehemently opposes the application for grant of bail.

There are allegations of recovery of some stolen agricultural implements and wheat. Since the petitioners remained on interim bail, but their bail application was dismissed on the ground that they have not joined the investigation. In view of this, it is directed that the petitioners shall appear before the investigating officer on 17.06.2013 at 10.00 A.M. to join the investigation. In case the petitioners appear before the investigating officer, they shall be admitted to interim bail on their furnishing personal/surety bonds to the satisfaction of the Arresting/Investigating Officer.

At the very outset, on the instructions from ASI Daljeet Singh, learned State Counsel has acknowledged the factual matrix and submitted that the petitioners have already joined the investigation. They are no longer required for further interrogation, at this stage. There is no history of their previous involvement in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. Since, even the prosecution has not submitted the final police report (challan) against the accused, so, the conclusion of trial will naturally take a long time. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of the main case, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioners by this Court, by virtue of order dated June 13, 2013, is hereby made absolute, subject to the compliance of the conditions, as contemplated u/s 438(2) Cr.P.C.