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2009 DIGILAW 903 (PNJ)

Uggar Sain v. State of Punjab

2009-05-08

KANWALJIT SINGH AHLUWALIA

body2009
JUDGMENT Kanwaljit Singh Ahluwalia, J. (Oral).:-Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioner in case FIR No. 184 dated 29.08.2008 registered at Police Station Sadar, Abohar District Ferozepur under Sections 307, 436, 427, 353, 352, 186, 148, 149 IPC. 2. On May 4, 2009, this Court had passed the following order: “Counsel for the petitioner rely upon order passed in a case of co-accused Mangi Ram alias Manu in Criminal Misc. No. M-8010 of 2009, decided on 18.4.2009. Counsel further submits that case of petitioner is at par with the co-accused who has been released on interim bail. Issue notice of motion to learned Advocate General, Punjab, for 8.5.2009. Meanwhile, in the event of arrest, petitioner(s) shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioner(s) shall join investigation as and when called for. Petitioner(s) shall also abide by the conditions specified under Section 438(2) Cr.P.C.” 3. Order passed in case of co-accused in Criminal Misc. No. M- 8010 of 2009 reads as under: “Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioners in case FIR No. 184 dated 29.08.2008 registered at Police Station Sadar, Abohar, District Ferozepur under Sections 307, 436, 427, 353, 332, 186, 148, 149 IPC. On March 24, 2009, this Court had passed the following order: “Counsel has stated at bar that Rana, who had brought the match-box and had put the Swift car on fire, is another person and none of the petitioners has got alias name as ‘Rana’. Counsel has further relied upon the order passed in Criminal Misc. No.M-2989 of 2009 titled as ‘Om Parkash v. State of Punjab’ decided on 20th February, 2009. The order in that case reads as under: ‘On February 2, 2009, this Court had passed the following order: It is submitted that no specific role has been assigned to the petitioner though the mob had gathered there and thrown brick bats and put the car on fire. Counsel further submits that Vijay Pal alias Rai Sahib has been granted regular bail. Issue notice to learned Advocate General, Punjab, for 20.2.2009. Meanwhile, in the event of arrest, petitioner shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioner shall join investigation as and when called for. Counsel further submits that Vijay Pal alias Rai Sahib has been granted regular bail. Issue notice to learned Advocate General, Punjab, for 20.2.2009. Meanwhile, in the event of arrest, petitioner shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioner shall join investigation as and when called for. Petitioner shall also abide by the conditions specified under Section 438(2) Cr.P.C.’ Mr. Mehardeep Singh, AAG Punjab on instructions from HC Balwinder Singh, Police Station Abohar, states that petitioner has joined the investigation and he is no longer required for further custodial interrogation. For the reasons stated in order dated February 2, 2009 and in view of the statement made by counsel for the State, interim bail granted to the petitioner Om Parkash vide order dated February 2, 2009 is made absolute till submission of report under Section 173 Cr.P.C. (challan). Thereafter, his prayer for regular bail shall be decided by the trial Court on merits. With these observations, present petition is disposed off. Co-accused of Om Parkash has filed Criminal Misc. No. M-4850 of 2009. Since Investigating Officer is present in Court to assist the counsel for the State, therefore Criminal Misc. No.M-4850 of 2009 is also taken up along with Criminal Misc. No.M-2989 of 2009. Counsel for the State has stated that the role of the petitioner is identical and pre-arrest bail can be granted to the petitioner. Accordingly, accused Ram Saroop is granted prearrest bail till presentation of report under Section 173 Cr.P.C. (Challan), subject to his joining investigation. Thereafter, his application for regular bail shall be decided by the trial Court on merits of the case. In view of this, Criminal Misc. No.M-4850 of 2009 is also disposed off along with Criminal Misc. No.M- 2989 of 2009.’ Issue notice of motion for 18th April, 2009. In the event of arrest, petitioners shall be released on interim bail to the satisfaction of the arresting officer. However, petitioners shall join investigation as and when called for. Petitioners shall abide by the conditions specified under Section 438 (2) Cr.P.C.” Counsel for the State, on instructions from Head Constable Harnek Singh, has stated that petitioners have joined the investigation and they are no longer required for further custodial interrogation. Accordingly, petitioners are granted pre-arrest bail till presentation of report under Section 173 Cr.P.C. (Challan), subject to their joining investigation. Accordingly, petitioners are granted pre-arrest bail till presentation of report under Section 173 Cr.P.C. (Challan), subject to their joining investigation. Thereafter, their application for regular bail shall be decided by the trial Court on merits of the case. With these observations, present petition is disposed off.” 4. Counsel for the State has agreed that the case of the petitioner is similar to that of the co-accused. 5. Hence, petitioner is also granted same benefit. Therefore, interim bail granted to the petitioner vide order dated May 4, 2009 is made absolute till submission of report under Section 173 Cr.P.C. (challan), subject to his joining the investigation. Thereafter, application of the petitioner for regular bail shall be decided by the trial Court on merits of the case. With these observations, present petition is disposed off. ----------------