Punjab-Haryana High Court
Date Of Decision: October 16 vs State Of Punjab on 16 October, 2012
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
CRM No.M-27786 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
1. Crl. Misc. No. M- 27786 of 2012(O&M)
Date of Decision: October 16, 2012.
Chunni Lal.
...... PETITIONER(s)
Versus
State of Punjab.
...... RESPONDENT (s)
2. Crl. Misc. No. M- 28303 of 2012(O&M).
Jarnail Singh.
...... PETITIONER(s)
Versus
State of Punjab.
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. J.S.Toor,
Advocate, for the petitioners.
Mr. N.S.Pawar, Addl.A.G., Punjab.
*****
RAM CHAND GUPTA, J.(Oral)
CRM No.M-27786 of 2012 2 This order will dispose of both the aforementioned petitions filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no. 103 dated 18.08.2012 under Section 379 IPC, registered at police station Sirhind.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Special Judge, Fatehgarh Sahib dismissing bail applications filed on behalf of the petitioners.
Coordinate Bench of this Court while issuing notice of motion on 10.09.2012 passed the following order in Crl.Misc. No.M-27786 of 2012:-
"Crl.Mis.No.53366 of 2012
Application is allowed subject to just exceptions. Crl.Misc. Application stands disposed of.
Crl.Misc.No.M-27786 of 2012 Learned counsel for the petitioner contends that originally the case was registered only under Section 379 IPC and petitioner has nothing to do with the offence under Section 379 IPC. The only allegation against the petitioner is that the alleged iron scrap was sold to him, which is also wrong. He further submits that the petitioner is an old person of 60 years and he is ready and willing to join the investigation and cooperate with the investigating agency.
Notice to A.G. Punjab, for 16.10.2012.
In the meantime, in the event of arrest, the petitioner shall be released on interim pre-arrest bail to the satisfaction of Arresting/Investigating Officer, subject to further conditions provided under Section 438(2) Cr.P.C.
The petitioner shall join the investigation and will CRM No.M-27786 of 2012 3 cooperate with the investigating agency, as and when required."
Coordinate Bench of this Court while issuing notice of motion in Crl.Misc. No.M-28303 of 2012 passed the following order on 14.09.2012:-"Crl. Misc.No.54399 of 2012
Application is allowed subject to just exceptions. Crl.Misc. Application stands disposed of. Crl.Misc.No.M-28303 of 2012 Learned counsel for the petitioner relies upon an order dated 10.9.2012 passed by this court in Crl.Misc.No.M-27786 of 2012 (Chuni Lal Vs. State of Punjab).
Notice to A.G., Punjab, for 16.10.2012.
In the meantime, in the event of arrest, the petitioner shall be released on interim pre-arrest bail to the satisfaction of Arresting/Investigating Officer, subject to further conditions provided under Section 438(2) Cr.P.C.
The petitioner shall join the investigation and cooperate with the investigating agency, as and when required."
It has been contended by learned counsel for the petitioners that they have already joined the investigation pursuant to said orders dated 10.09.2012 and 14.09.2012.
It has also been stated by learned counsel for the State that petitioners have joined the investigation and that they are no more required for any custodial interrogation.
There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. CRM No.M-27786 of 2012 4
Hence, in view of these facts and without expressing any opinion on the merits of the case, both the anticipatory bail applications filed on behalf of Chunni Lal and Jarnail Singh are accepted and orders dated 10.09.2012 and 14.09.2012 granting interim bail in favour of the petitioners are, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C.
Both the petitions stand disposed of accordingly.
( RAM CHAND GUPTA ) October 16, 2012. JUDGE 'om'