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2002 DIGILAW 208 (PNJ)

Arjan Singh - v. State Of Punjab

2002-02-14

NIRMAL SINGH

body2002
Judgment Nirmal Singh, J. 1. This is a petition under Section 438 Cr.P.C. for grant of pre-arrest bail in FIR No. 320 dated 19.10.2001 registered at P.S. Civil Lines, Amritsar under Sections 368/34 IPC. 2. As per the allegations of the prosecution, on 19.10.2001, petitioner alongwith Vikas Gupta and Kewal Gupta left for Rampur Bushair, Himachal Pradesh to collect money on behalf of M/s. Dwarka Dass and Sons, Amritsar. The petitioner, who is the driver of the car, returned to Amritsar with Kewal Gupta from Rampur Bushair whereas Vishal Gupta did not return and is missing since then. 3. Learned counsel for the petitioner submitted that Vikas Gupta collected money from different parties and he boarded a bus for Amritsar as the petitioner had to stay at Rampur Bushair because Kewal Gupta was to collect the money from other places in Himachal Pradesh. He further submitted that Vikas Gupta collected Rs. 1,80,000/- and became dishonest and has fled with the money. He further submitted that petitioner has joined investigation and nothing is to be recovered from the petitioner. 4. I have considered the submissions made by learned counsel for the petitioner but find the same without any substance. 5. It is not disputed that petitioner, along with Vikas Gupta and Kewal Gupta left for Rampur Bushair in the car and Vikas Gupta did not return to Amritsar along with the petitioner. 6. Under these circumstances, custodial interrogation of the petitioner is necessary to elucidate the correct facts. If the petitioner is allowed pre- arrest bail, joining the investigation will be mere a ritual, as it has been held by the Apex Court in State Rep. by the C.B.I. v. Anil Sharma, JT 1997 (7) SC 651, which reads as under : "that custodial interrogation is qualitatively more elicitation orientated than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code. In a case like this effective interrogation of suspected person is of tremendous advantage in disinterring may useful information and also materials which would have been concealed. Success in such interrogation would elude if the suspected persons knows that he is well protected and insulted by a pre-arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. Success in such interrogation would elude if the suspected persons knows that he is well protected and insulted by a pre-arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible Police Officers would conduct themselves in a responsible manner and that these entrusted with the task of disinterring offences would not conduct themselves as offenders. High Court has approached the issue as though it was considering a prayer for granting regular bail after arrest. Learned Single Judge of the High Court reminded himself of the principle that "it is well-settled that bail and not jail is a normal course". In view of the above, no case is made out to issue any direction under Section 438 Cr.P.C. Hence, this petition is dismissed. Petition dismissed.