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2012 DIGILAW 946 (PNJ)

Puran Singh v. State of Punjab

2012-07-19

MEHINDER SINGH SULLAR

body2012
JUDGMENT Mr. Mehinder Singh Sullar, J.: (Oral) - Petitioner Puran Singh son of Tarlok Singh has directed the instant petition for anticipatory bail in a case, registered against him alongwith his son and other co-accused, namely, Rassal Singh alias Shallu, vide FIR No.34 dated 9.4.2012 for the commission of offence punishable under section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 by the Police of Police Station Mehatpur, District Jalandhar, invoking the provisions of section 438 Cr.PC. 2. Concisely, the prosecution case is that the police party found three plastic bags lying inside the Dhussi bridge, each containing 30 Kgs. of poppy husk, which were claimed to have been left by Rassal Singh alias Shallu, son of the petitioner. 3. Notice of the petition was issued to the State. 4. After hearing the learned counsel for the parties and going through the record with their valuable help and after deep consideration over the entire matter, to my mind, the present petition deserves to be accepted in this context. 5. At the very outset, the learned State counsel, on instructions from ASI Varinder Singh, has stated that the petitioner has already joined the investigation and he is no longer required for further interrogation at this stage. Moreover, the contraband left by Rassal Singh, son of petitioner, has already been recovered by the police. It is not a matter of dispute that Rassal Singh, main accused and son of petitioner, has already been arrested and he is in judicial custody. Again, it is not a matter of dispute that in the wake of complaint filed by Balbir Kaur, wife of petitioner, Inspector Inderjit, ASIs Ashok Kumar, Gopal Singh, PHG Darbara Singh and HC Shiv Kumar were summoned as accused to face the trial for committing the offences punishable under Sections 148, 452, 354, 504 and 506 read with section 149 IPC, by virtue of summoning order dated 15.3.2004 (Annexure P3). 6. In the light of aforesaid reasons, keeping in view the fact that petitioner has already joined the investigation, nothing is to be recovered from him, enmity with the police, totality of other facts & circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, the instant petition for anticipatory bail is hereby accepted. 7. 7. Consequently, it is directed that in the event of his arrest, the petitioner shall be released on anticipatory bail on his furnishing adequate bail and surety bonds in the sum of Rs.10,000/- to the satisfaction of Arresting Officer, subject to the conditions that (i) he shall make himself available for interrogation by the Investigating Agency as and when required; (ii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and (iii) he will not leave India without prior permission of the trial Court. 8. Needless to mention that in case, the petitioner does not cooperate or join the investigation, then, the prosecution would be at liberty to file an application for cancellation of his bail, in this relevant connection. ---------0.B.S.0------------