Punjab-Haryana High Court
Jaswinder Singh vs State Of Punjab on 1 April, 2013
Crl.Misc.No.M- 5669 of 2013
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Crl. Misc. No.M- 5669 of 2013
Date of Decision: 01.04.2013
Jaswinder Singh ... Petitioner
vs.
State of Punjab ... Respondent
CORAM:HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present:- Mr. SPS Sidhu, Advocate
for the petitioner.
Mr. Amit Chaudhary, DAG, Punjab
for the respondent.
Mr. Salil Bali, Advocate for the complainant.
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VIJENDER SINGH MALIK,J Jaswinder Singh, the petitioner seeks pre-arrest bail in case registered by way of FIR No. 166 dated 24.10.2011 at Police Station Sadar Ferozepur, District Ferozepur, for an offence punishable under sections 379 and 427 read with section 34 IPC.
Learned counsel for the petitioner has contended that the petitioner is accused of stealing crop from panchayat land.
Crl.Misc.No.M- 5669 of 2013 2 According to him, the charge is baseless because earlier a complaint was made by sarpanch of the village alleging that the petitioner and other persons are in illegal possession of the same panchayat land. According to him, if as alleged earlier, the petitioner and others had been in illegal possession of the panchayat land, they cannot steal the crop from that very land. He has further submitted that on the earlier allegations inquiry is still going on. He has further submitted that the police was not taking quick steps in the matter and was keeping the same pending and now when the marriage of the petitioner was due for 08th /09th March 2013, he faced the threat of his arrest. He has further submitted that the petitioner has joined the investigation.
Learned State counsel assisted by learned counsel for the complainant has submitted that even after grant of interim bail in this matter, the petitioner is not stopping his illegal activities. According to him, he is lifting the sand from the panchayat land and the place from where the sand is being lifted is adjoining the school wall, the stability of which has been put in danger. He has further submitted that regarding this matter another FIR has been lodged against the petitioner.
Crl.Misc.No.M- 5669 of 2013 3 The question here is not that another FIR has been lodged against the petitioner or not. The question here is as to whether the crop grown in the land of which he is alleged to be in illegal possession could be stolen by him. The two allegations, one of being in illegal possession of the land and the other of stealing the crop from that land are at conflict with each other. The petitioner has already joined the investigation. He will face the consequences of his acts regarding which the second FIR has been lodged and this Court is not concerned with those allegations at this stage. In these circumstances, I find the petitioner to be entitled to pre-arrest bail. The petition is, accordingly, allowed. The order dated 19.02.2013 granting interim anticipatory bail to the petitioner is made absolute.
April 01,2013 (VIJENDER SINGH MALIK ) dinesh JUDGE