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2015 DIGILAW 194 (PNJ)

Angrej Singh v. State of Punjab

2015-02-04

MEHINDER SINGH SULLAR

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JUDGMENT Mr. Mehinder Singh Sullar, J.: (Oral) - The petitioner has preferred the instant petition, for the grant of concession of pre-arrest bail, in a case registered against him and his other main co-accused, namely Kanwar Harjinder Singh alias Soni and Kulwant Singh etc. vide FIR No.29 dated 20.1.2013 (Annexure P1), on accusation of having committed the offences punishable u/ss 148, 307, 336, 427, 452 and 506 read with section 149 IPC and Sections 25 & 27 of The Arms Act by the police of Police Station City Tarn Taran. 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 context. 4. Precisely, the prosecution, inter-alia, claimed that on 20.1.2013, the petitioner and his other co-accused fired shots in the air, which did not hit any body. Meaning thereby, it is a no injury case. Moreover, the interim bail was granted to enable the petitioner to join the investigation, by means of order dated 24.12.2014 by this court. 5. At this stage, the learned State counsel, on instructions from HC Harjinder Singh, has acknowledged the relevant factual matrix and stated that the petitioner has already joined the investigation. He is no longer required for further interrogation. There is no history of his previous conviction in any other criminal case. Even since the charges have not yet been framed against the petitioner, so, the final conclusion of trial will naturally take a long time. Not only that, Kanwarharjinder Singh alias Soni and Kulwant Singh, similarly situated co-accused of the petitioner, have already been granted the concession of anticipatory bail, by way of order dated 15.5.2014, rendered in main CRM No. M-12128 of 2014 by this court. Therefore, I see no reason not to extend the same benefit of pre-arrest bail to the present petitioner as well under the similar set of circumstances. 6. In the light of aforesaid reasons, taking into consideration the totality of the facts & circumstances, emanating from the record, as depicted here-in-before, the instant petition for anticipatory bail is hereby accepted and the interim bail already granting to the petitioner, vide order dated 24.12.2014 is hereby made absolute, subject to compliance of conditions as envisaged under section 438(2) Cr.PC. 7. 7. Needless to mention that in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move an application for cancellation of his bail, in this relevant direction in this Court.