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2012 DIGILAW 623 (PNJ)

Harparkash Singh v. State of Punjab

2012-04-25

RAM CHAND GUPTA

body2012
JUDGMENT Mr. Ram Chand Gupta, J.: (Oral) - The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.60 dated 28.02.2012 under Sections 323, 452, 506 447, 511, 380 read with Section 34 of Indian Penal Code, registered at Police Station Tripri Town, Patiala, District Patiala. 2. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Patiala dismissing anticipatory bail application filed on behalf of the petitioner. 3. This Court while issuing notice of motion on 29.03.2012 passed the following order:- “CRM No.17550 of 2012 Application is allowed subject to all just exceptions. CRM No. M- 8402 of 2012 Contends that it is a case of no injury and that, in fact, dispute, if any, is civil in nature. It is also submitted that petitioner is in possession of the property in dispute, which was purchased by the wife of present petitioner-Harinder Kaur, coaccused and that, in fact, complainant in the garb of present FIR, want to take forcible possession of the property in dispute from present petitioner. Notice of motion to Advocate General, Punjab for 25.04.2012. However, in the meantime, petitioner is directed to join the investigation and in case of his arrest, he shall be released on interim bail to the satisfaction of the arresting officer subject to compliance of conditions specified under Section 438(2) Cr.P.C.” 4. It has been contended by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 29.03.2012. 5. It has also been stated by learned counsel for the State on the instruction from ASI Gurnam Singh that petitioner has joined the investigation and that he is no more required for any custodial interrogation. 6. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. 7. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of petitioner Harparkash Singh is accepted and order dated 29.03.2012 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. 8. 7. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of petitioner Harparkash Singh is accepted and order dated 29.03.2012 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. 8. The present petition stands disposed of accordingly. ---------0.B.S.0------------