JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral):- Petitioner-Sahilpreet Singh alias Sahi son of Amandeep Singh, has preferred the instant petition for the grant of anticipatory bail, invoking the provisions of Section 438 Cr.P.C., in a case registered against him along with his other main co-accused Sukhjinder Singh son of Gurjinder Singh etc., vide FIR No.12 dated 14.03.2014, for the commission of offences punishable under Sections 419, 420 and 120-B IPC, by the police of Police Station Rajpura, District Patiala. 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 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 Coordinate Bench of this Court(Harinder Singh Sidhu, J.) passed the following order on 15.04.2014:- “This is a petition under Section 438 of the Code of Criminal Procedure seeking anticipatory bail in case FIR No.12 dated 14.3.2014 under Sections 419, 420/120-B of the Indian Penal Code, Police Station Rajpura, District Patiala. Allegation against the petitioner is that on surprise checking during examination of Senior Secondary Examination, it was found that one Sukhjinder Singh s/o Shri Gurjinder Singh was taking the examination in place of the petitioner. It is contended that Sukhjinder Singh is in custody and the case stands on documentary evidence, wherein, custodial interrogation of the petitioner is not required. The petitioner is a student and is ready to join the investigation. Notice of motion for 22.4.2014. In the meantime, in the event of arrest, the petitioner shall be released on interim anticipatory bail, subject to his furnishing bail/surety bonds to the satisfaction of the Arresting Officer. The petitioner shall also comply with the conditions, as contained in Section 438(2) Cr.P.C.” 5. At the very outset, on instructions from HC Gurcharan 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. The petitioner is a young boy of 20 years and there is no history of his previous involvement in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. The conclusion of trial will naturally take a long time.
He is no longer required for further interrogation, at this stage. The petitioner is a young boy of 20 years and there is no history of his previous involvement in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. The conclusion of trial will naturally take a long time. Moreover, all the main allegations of cheating are assigned to his main co-accused Sukhjinder Singh. 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 means of order dated 15.04.2014 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 join the investigation, the prosecution would be at liberty to move a petition for cancellation of his bail in this Court, in this respect. ---------0.B.S.0------------