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2014 DIGILAW 1182 (PNJ)

Saloni Sardana v. State of Punjab

2014-08-12

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral) - Petitioner has preferred the instant petition for the grant of concession of anticipatory bail, in a case registered against her, vide FIR No. 153 dated 18.04.2014, on accusation of having committed an offence punishable under Section 135 of the Punjab State Electricity Act, by the police of Police Station APT Jalandhar. 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 deep consideration of the entire matter, 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 (Tejinder Singh Dhindsa J.) passed the following order on July, 01, 2014:- “The instant petition has been filed under Section 438 Cr.P.C. seeking the concession of anticipatory bail to the petitioner in case FIR No. 153 dated 18.4.2014, under Section 135 of the Punjab State Electricity Act, registered at Police Station APT Jalandhar. Learned counsel appearing for the petitioner while adverting to the documents at Annexure P1 as also Annexure P5 would, inter alia, contend that the petitioner had got the electric connection in the year 2010 and had been making regular payments of all the dues to the Power Com Department and that liability is being fastened upon her in relation to some other connection which actually belongs to her mother-in-law. Notice of motion, returnable for 12.08.2014. In the event of arrest, the petitioner shall be released on interim bail subject to the satisfaction of Arresting Officer/Investigating Officer. The petitioner shall join investigation as and when called upon to do so and she shall remain bound by the conditions as envisaged under Section 438 (2) Cr.P.C.” 5. At the very outset, on instructions from SI Amarjit Singh, learned State counsel has acknowledged the relevant factual matrix and submitted that the petitioner has already joined the investigation. She is no longer required for further interrogation, at this stage. There is no history of her previous involvement in any other criminal case. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, the final conclusion of trial will naturally take a long time. 6. She is no longer required for further interrogation, at this stage. There is no history of her previous involvement in any other criminal case. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, 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 facts and 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 accepted. The interim bail already granted to the petitioner, by virtue of indicated order by this Court, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C. 7. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case, as the same has been so recorded for a limited purpose of deciding the present petition for pre-arrest bail. At the same time, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of her bail, in this Court. ---------0.B.S.0------------ —————————