JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral) - Petitioners Varun Gupta and Arun Gupta alias Lambar sons of Vijay Kumar Gupta have directed the instant petition for the grant of anticipatory bail in a case, registered against them along with their other co-accused, by way of FIR No.131 dated 10.10.2012 (Annexure P1), for the commission of offences punishable under sections 324, 325, 326 and 427 read with section 34 IPC by the Police of Police Station Dhariwal, District Gurdaspur, invoking the provisions of section 438 Cr.PC. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, 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 respect. 4. During the course of preliminary hearing, the following order was passed by this court on 1.12.2012:- “Learned counsel, inter-alia, contended that complainant Suman Kumar Sood and his sons were indulging in the sale (business) of Narcotic Drugs and Psychotropic Substance and many criminal case are registered against them (mentioned therein para No.3 of the petition), at the instance and the petitioners have been falsely implicated in the present case, in order to wreak vengeance. The argument is that even simple injuries are attributed to the petitioners and the main injury subject matter of offence punishable under Section 326 IPC is attributed to main co-accused Vijay Kumar (non-petitioner). Heard. Notice of motion be issued to the respondent, returnable for 21.12.2012. Meanwhile, the petitioners are directed to join the investigation before the next date of hearing. In the event of their arrest, the Arresting Officer would admit them to bail on their furnishing adequate bail and surety bonds in the sum of Rs.25,000/- each to his satisfaction.” 5. At the very outset, the learned State counsel, on instructions from ASI Kuljinder Singh has acknowledged the factual matrix and submitted that the petitioners have already joined the investigation & they are no longer required for further interrogation at this stage. There is no history of their previous involvement in any other criminal case. 6.
At the very outset, the learned State counsel, on instructions from ASI Kuljinder Singh has acknowledged the factual matrix and submitted that the petitioners have already joined the investigation & they are no longer required for further interrogation at this stage. There is no history of their previous involvement in any other criminal case. 6. In the light of aforesaid reasons and taking into consideration the totality of the facts & circumstances, emanating from the record, as described here-in-before, the instant petition is hereby accepted and the interim anticipatory bail already granted to petitioners, vide order dated 1.12.2012 is made absolute, subject to compliance of conditions as envisaged under section 438(2) Cr.PC. 7. Needless to mention that if the petitioners do not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of their anticipatory bail, in this relevant direction.