Punjab-Haryana High Court
Sant Joginder Singh vs State Of Punjab on 24 July, 2013
Author: Mehinder Singh Sullar
Bench: Mehinder Singh Sullar
CRM No.M-20059 of 2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-20059 of 2013
Date of Decision:- 24.07.2013
Sant Joginder Singh
.....Petitioner
Versus
State of Punjab
.....Respondent
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR
Present: Mr. D.P.S. Kahlon, Advocate,
for the petitioner.
Mr. R.P.S. Sidhu, Asstt. Advocate General, Punjab
for the respondent-State.
Mr. Amit Saini, Advocate
for the complainant.
****
MEHINDER SINGH SULLAR , J.(oral) Petitioner-Sant Joginder Singh, Chela/Matwanna Sant Ram Singh (natural father Kirpal Singh), has preferred the instant petition for the grant of anticipatory bail in a case registered against him, vide FIR No.90 dated 04.05.2013, on accusation of having committed the offences punishable under Sections 419, 465, 467, 468 and 471 IPC, by the police of Police Station Division No.5, Civil Line, District Ludhiana, invoking the provisions of Section 438 Cr.P.C.
2. Notice of the petition was issued to the State.
3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the Kumar Naresh 2013.07.25 17:04 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-20059 of 2013 2 entire matter deeply, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.
4. The prosecution claimed that the petitioner has prepared the driving license and voter list, showing himself to be son of Sant Ram Singh and in fact the name of his natural father is Kirpal Singh. The contention of learned counsel that the petitioner is a saint and his natural parents had left him with Baba Ram Singh since his childhood and he assumed the name of Chela/Matwanna son of Sant Ram Singh, has considerable force. The mere fact that the petitioner has used the driving license in Gujrat, ipso facto, is not a ground, much less cogent, to deny him the concession of anticipatory bail, in the present case. Moreover, the interim bail was granted to enable the petitioner to join the investigation, by this Court, vide order dated July 09, 2013.
5. At the very outset, on the instructions from ASI Malkiat 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 submitted the final police report (challan) against the accused, so, the final conclusion of trial will naturally take a long time.
6. 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, Kumar Naresh 2013.07.25 17:04 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-20059 of 2013 3 by virtue of order dated July 09, 2013, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 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.
July 24, 2013 (MEHINDER SINGH SULLAR)
naresh.k JUDGE
Kumar Naresh
2013.07.25 17:04
I attest to the accuracy and
integrity of this document
Chandigarh