Surjit Singh vs State of Punjab

Mehinder Singh Sullar, J.—Petitioners-Surjit Singh @ Kala son of Baldev Singh and another, have preferred the instant petition for the grant of concession of anticipatory bail, in a case registered against them along with their other co-accused, vide FIR No. 104 dated 27.08.2013, on accusation of having committed the offences punishable under Sections 323, 324, 326, 452, 148 read with Section 149 IPC, by the police of Police Station Chatiwind, District Amritsar Rural.

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.

During the course of preliminary hearing, the following order was passed by this Court on July 11, 2014:-

Learned counsel, inter alia, contended that indeed on 11.08.2013, the complainant party has criminally trespassed the house of the petitioners and caused multiple injuries including grievous injuries to the petitioners and a criminal case was registered against them in the wake of statement of petitioner No. 1. On the contrary, petitioners have been falsely implicated by the police in a cross case at the instance of complainant on political pressure, vide rapat No. 29 dated 30.08.2013 i.e. after 19 days of the occurrence by fabricating injuries on finger of left hand and on left leg (non vital part). The argument is that complainant Sukhwinder Singh and other co-accused in the main case have already been granted the concession of interim bail by this Court in CRM-M No. 19392 of 2014, vide order dated 30.05.2014.

Heard.

Notice of motion be issued to the respondent, returnable for 25.07.2014.

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

At the very outset, on instructions from ASI Kashmir Singh, learned State counsel has acknowledged the relevant 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. Moreover, 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 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 for anticipatory bail is accepted. The interim bail already granted to the petitioners, by virtue of indicated order by this Court, is hereby made absolute, subject to the compliance of the conditions, as contemplated u/s 438(2) Cr.P.C.

Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case, as the same has been so recorded for a limited purpose of deciding the present petition for pre-arrest bail. At the same time, in case, the petitioners do not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of their bail, in this Court.