Punjab-Haryana High Court
Suba Singh vs State Of Punjab on 21 August, 2014
CRM-M No. 26441 of 2014(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M No. 26441 of 2014(O&M)
Date of Decision :21.08.2014
Suba Singh ....Petitioner
Versus
State of Punjab ...... Respondent
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CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
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Present : Mr. Veneet Sharma, Advocate
for the petitioner.
Ms. Amarjit Kaur Khurana, Addl.AG, Punjab.
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i. Whether Reporters of local papers may be allowed to see the judgment?
ii. To be referred to the Reporters or not?
iii. Whether the judgment should be reported in the Digest?
AJAY TEWARI, J. (Oral)
This is a petition for the grant of anticipatory bail in case bearing FIR No. 59 dated 24.05.2014, under Sections 489-A. 489-B, 489-C, 411,414 IPC, Section 25 of the Arms Act Sections 3, 34 of the Indian Passport Act, Section 14 of Foreigners Act, Section 3 of Official Secret Act and Sections 18, 20, 21 of the NDPS Act, registered at Police Station Maqboolpura, Amritsar City.
SUNITA NAGPAL2014.08.22 16:16 I attest to the accuracy and integrity of this document CRM-M No. 26441 of 2014(O&M) 2
On 14.08.2014 the following order was passed:-
" Apart from the other allegations, one specific allegation made by learned counsel for the petitioner is that after the registration of the present FIR, another FIR was registered bearing FIR No. 162dated 17.7.2014 at Police Station Gharinda, District Amritsar. The petitioner was arrested therein, but the police never arrested the petitioner in the present FIR and did not even disclose that this FIR was pending at the time when the petitioner was released on regular bail.
Learned Assistant Advocate General seeks short
adjournment to file the reply.
Adjourned to 21.8.2014.
Copy of this order be given Dasti to the learned AAG, Punjab under the signatures of Court Special Secretary."
Reply has been filed by way of affidavit of Gaurav Garg, Assistant Commissioner of Police, East, Amritsar City in which it has been stated that the petitioner is a notorious hard-core smuggler against whom there are five conviction orders. It has also been mentioned that in FIR No. 157 dated 13.06.1976, under Section 25 of the Arms Act, registered at Police Station Gharinda he was convicted and sentenced for six months imprisonment on 03.01.1978. In another FIR No. 16 dated 08.02.2004,under Sections 420/ 489-A/489-B/34 IPC, registered at Police Stastion E Division , Amritsar he was convicted and sentenced for two years imprisonment on 31.05.2010. Then in FIR No.65 dated 20.06.2004, under Sections 411/414/489A/489B/489C IPC, Section 25 of Arms act, SUNITA NAGPAL 2014.08.22 16:16 I attest to the accuracy and integrity of this document CRM-M No. 26441 of 2014(O&M) 3 Sections 18/20/21/22 of NDPS Act, Sections 3/34/20 of Indian Passport Act and Section 14 of Foreigner Act and Section 3 of Official Secret Act, registered at Police Station Sarai Amant Khan, Tarn Taran, he was convicted and sentenced for two years imprisonment on 19.07.2007. Likewise in FIR No. 110 dated 27.07.2004, under Sections 411/414/489A/489B/489C IPC, and under Sections 18/20/22/61/85 of NDPS Act, registered at Police Station Islamabad, Amritsar he was convicted and sentenced for three years imprisonment on 30.07.2009 and lastly in FIR No. 25 dated 14.02.2004, under Sections 489A/489B/489C IPC and under Section 18/61/85 of NDPS Act, he was convicted and sentenced for four years imprisonment on 23.02.2007. A perusal of this history of convictions does reveal that the petitioner was and is a person of dubious antecedents but it also shows that the offences of which he was convicted were not very serious(in view of the punishments imposed upon him).
Learned counsel for the petitioner has further relied upon order Annexure P-2 passed in CRM-M No. 40900 of 2013 on 27.01.2014 wherein also the petitioner had sought anticipatory bail in another similar FIR No. 161 dated 10.10.2013, under Sections 411/414/489A/489B/489C IPC, Section 14 of Foreign Contribution(Regulation)Act, 1952 and Sections 21, 22 of the NDPS Act, registered at Police Station Gharinda, Amritsar Rural, District Amritsar wherein this Court had passed the following order:- SUNITA NAGPAL 2014.08.22 16:16 I attest to the accuracy and integrity of this document CRM-M No. 26441 of 2014(O&M) 4
"FIR was registered against the petitioners on the basis of a secret information that Arms and Ammunition, Gold, Silver, Heroin and Smack or other intoxicating substance could be recovered from the petitioners and others.
The petitioners are said to be involved in number of case. The reason for registration of the FIR without recovery appears to be pendency of other cases against the petitioners. Prima face, without any recovery offences under Sections 489A, B and C IPC have been levelled. It is surprising as to how petitioners have been booked in a case under Section 411 IPC without any recovery having been effected.
Petition is allowed and it is ordered that in case of arrest of the petitioners they will be released on bail to the satisfaction of the arresting officer. This order will remain operative till presentation of challan. In case the prosecution agency opts to present challan against the petitioners, they would be released on bail on their appearance before the trial Court also."
As per learned counsel for the petitioner the circumstances of the present case are identical since no recovery has been made in the present case also. Learned Addl.AG, on instructions from Inspector Kuldeep Singh, has accepted that no recovery has been effected in the present case and has not been able to distinguish the present case from that relied upon by learned counsel for the petitioner i.e. CRM-M No. 40900 of 2013.
In the circumstances I do not deem it appropriate to deny the concession of anticipatory bail to the present petitioner. Let the petitioner SUNITA NAGPAL 2014.08.22 16:16 I attest to the accuracy and integrity of this document CRM-M No. 26441 of 2014(O&M) 5 appear before the investigating officer on 28.08.2014 between 10.00 a.m. to 4.00 p.m. and on any other date on which his appearance is so required by the investigating officer. On his appearance the investigating officer shall release him on bail to his satisfaction subject to the conditions as envisaged under Section 438(2) Cr.P.C.
Petition stands disposed of.
( AJAY TEWARI ) JUDGE August 21 , 2014 sunita SUNITA NAGPAL 2014.08.22 16:16 I attest to the accuracy and integrity of this document