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2014 DIGILAW 862 (PNJ)

Balwinder Singh v. State of Punjab

2014-05-16

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral):- Petitioner-Balwinder Singh son of Gurmail Singh, has preferred the instant petition for the grant of concession of anticipatory bail, invoking the provisions of Section 438 Cr.P.C., in a case registered against him, vide FIR No.01 dated 02.01.2014, on accusation of having committed the offences punishable under Sections 376 and 506 IPC, by the police of Police Station Singh Bhagwantpur, District Rupnagar. 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, the following order was passed by this Court on April 28, 2014:- “Learned counsel, inter alia, contended that the petitioner is brother in-law (devar), whereas the prosecutrix his sister-in-law (bharjai). They are neighbourers. The petitioner was falsely implicated by the prosecutrix in the present case on account of some misunderstanding. They are having cordial relations with each other. The argument is that having removed the misunderstanding, the parties have amicably settled their disputes by virtue of compromise dated 21.03.2014 (Annexure P-4). Not only that, the petitioner has already filed petition under Section 482 Cr.P.C., to quash the impugned FIR, on the basis of compromise, by way of CRM-M No.11086 of 2014, in which, notice of motion has already been issued, by a Co-ordinate Bench of this Court (Surinder Gupta, J.), vide order dated 28.03.2014 (Annexure P-5). Heard. Notice of motion be issued to the respondents, returnable for 16.05.2014. Meanwhile, the petitioner is directed to join the investigation before the next date of hearing. In the event of his arrest, the Arresting Officer would admit him to bail on his furnishing adequate bail and surety bonds in the sum of Rs. 25,000/- to his satisfaction.” 5. At the very outset, on instructions from SI Satbir Singh, learned State counsel has acknowledged the relevant 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. 25,000/- to his satisfaction.” 5. At the very outset, on instructions from SI Satbir Singh, learned State counsel has acknowledged the relevant 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. 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, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioner, by virtue of order dated April 28, 2014, by this Court, 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 joins the investigation, the prosecution would be at liberty to move a petition for cancellation of his bail, in this respect. ---------0.B.S.0------------