Surinder Singh vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner-Surinder Singh son of Lachhman Singh, has directed the instant petition for the grant of anticipatory bail in a case registered against him along with his other co-accused, vide FIR No. 15 dated 25.01.2013, on accusation of having committed the offences punishable under Sections 420 read with Sections 120-B and 34 IPC, by the police of Police Station Sadar Hoshiarpur, 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 considering the entire matter deeply, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.

During the course of preliminary hearing, the following order was passed by this Court on September 16, 2013:-

Learned counsel, inter alia, contended that there is not an iota of allegations that petitioner has ever received any amount from the complainant. The argument is that all the allegations of promising the job and accepting the impugned amount are assigned to main accused Sikander Singh (non-petitioner). Moreover, the petitioner has been falsely implicated by the complainant, in this case, in order to wreak vengeance.

Heard.

Notice of motion be issued to the respondent, returnable for 08.10.2013.

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, on instructions from HC Jasbir Singh, learned State Counsel has acknowledged the factual matrix and submitted that the petitioner has already joined the investigation. He is no longer required for further interrogation, at this stage. All the offences alleged against the accused are triable by the Court of Magistrate. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, the final conclusion of trial will naturally take a long time. In the light of aforesaid reasons and taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioner by this Court, by virtue of order dated September 16, 2013, is hereby made absolute, subject to the compliance of the conditions, as contemplated u/s 438(2) Cr.P.C.

Needless to mention that, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of his bail, in this respect.