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2013 DIGILAW 833 (PNJ)

Paramjit Singh @ Lakhvir Singh @ Pamma v. State of Punjab

2013-07-09

Mehinder Singh Sullar

body2013
JUDGMENT Mr. Mehinder Singh Sullar, J.(Oral):- Petitioner-Paramjit Singh @ Lakhvir Singh @ Pamma son of Mehar Singh, has preferred the instant petition for the grant of anticipatory bail in a case registered against him, vide FIR No.51 dated 23.03.2013, on accusation of having committed the offences punishable under Section 379 IPC and Section 21 of the Mines and Minerals Development & Regulations Act, 1957, by the police of Police Station Zira, District Ferozepur, invoking the provisions of Section 438 Cr.P.C. 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 assistance and after considering the entire matter deeply, to my mind, the present petition for anticipatory bail deserves to be accepted in this context. 4. During the course of preliminary hearing, a Co-ordinate Bench of this Court (Vijender Singh Malik, J.) has passed the following order on May 03, 2013: - “Learned counsel for the petitioner contends that a tractor trolley with sand loaded in the same was recovered by General Manager-cum-Mining Officer. According to him, there is nothing on the record to connect the petitioner with the tractor trolley. According to him, there was not even any secret information to the effect that the petitioner was carrying that sand in the tractor trolley. Notice of motion, returnable for 09.07.2013. In the meanwhile, the petitioner is directed to join the investigation and if he is sought to be arrested, he shall be released on bail to the satisfaction of the arresting/investigating officer subject to the conditions laid down in section 438 sub section 2 clauses (i)(ii) and (iii) of the Code of Criminal Procedure.” 5. At the very outset, on the instructions from ASI Pardeep Singh, learned State Counsel has acknowledged the factual matrix and submitted that the petitioner has already joined the investigation. He is no longer required for further interrogation, at this stage. There is no history of his previous involvement in any other criminal case. The final conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons and taking into consideration the totality of other facts and circumstances, emanating from the record, as discussed here-in-above, the instant petition for anticipatory bail is accepted. There is no history of his previous involvement in any other criminal case. The final conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons and taking into consideration the totality of other facts and circumstances, emanating from the record, as discussed here-in-above, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioner by this Court, by means of order dated May 03, 2013, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438 (2) Cr.P.C. Needless to mention that, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of his bail, in this respect. ---------0.B.S.0------------ ——————————