Tilak Raj vs State of Punjab

Ram Chand Gupta, J.—The present petition has been filed for anticipatory bail u/s 438 of Code of Criminal Procedure in FIR no. 72 dated 11.04.2012, under Sections 419 /420 /465 /467 /468 /471 /120B IPC, registered at police station Chherrertta, Amritsar. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Amritsar dismissing anticipatory bail application filed on behalf of the petitioner.

This Court while issuing notice of motion on 22.04.2013 passed the following order:-

Crl. M. No. 21244 of 2013

Application is allowed subject to all just exceptions.

Crl. M. No. M-11865 of 2013

Contends that petitioner was posted as a Clerk in the Branch and that he had prepared certain documents as per directions of the Manager of the Bank who is also co-accused in this case, namely, Karamjit Singh, who has already been granted concession of anticipatory bail by learned Additional Sessions Judge, Amritsar. Further submitted that no role has been attributed to petitioner except that he had handed over the cheque of loan amount already sanctioned by Manager of the Bank.

Notice of motion to Advocate General, Punjab, for 20.5.2013.

However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified u/s 438(2) Cr. P.C.

It has been contended by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 22.04.2013.

It has also been stated by learned counsel for the State, on instruction from HC Gurpartap Singh, that petitioner has joined the investigation and that he is no more required for any custodial interrogation. Bail application is not opposed.

There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Tilak Raj is accepted and order dated 22.04.2013 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified u/s 438(2) Cr. P.C. The present petition stands disposed of accordingly.