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2012 DIGILAW 988 (PNJ)

Babu Singh v. State of Punjab

2012-07-26

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. 446 dated 25.12.2010, under Sections 420/465/467/468/471/120B, registered at police station Tripuri Town, 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 31.05.2012 passed the following order:- “CRM No.32524 of 2012 Application is allowed subject to all just exceptions. CRM No. M-16212 of 2012 Contends that complainant and main accused are closely related and that they have already compromised the dispute vide Annexure P2. It is further submitted that though petitioner is an attesting witness of sale deed however, he attested the same on the asking of the main parties i.e. vendor and vendee. It is also contended that challan has already been filed against co-accused and petitioner was kept in column no.2 and however, now petitioner is sought to be arrested after about 1-1/2 years of the registration of the FIR. Notice of motion to Advocate General, Punjab for 26.07.2012 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 31.05.2012. 5. It has also been stated by learned counsel for the State, on instruction from ASI Ravinder 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 Babu Singh is accepted and order dated 31.05.2012 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 Babu Singh is accepted and order dated 31.05.2012 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------------