Judgment:
CRM No.M-15227 of 2013 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.
Misc.
No.M- 15227 of 2013(O&M) Date of Decision: September 17, 2013.
Ajaib Singh @Golu and others .....PETITIONER(s) Versus State of Punjab .....RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Ashok Kumar Khunger, Advocate, for the petitioneRs.MRS.SiMs.Dhir Malhotra, DAG, Punjab.
Mr.Sandeep Khunger, Advocate, for the complainant.
***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no.44 dated 03.04.2013, under Sections 447/379/34 IPC, registered at police station Nathana, District Bathinda.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Bathinda dismissing anticipatory bail application filed on behalf of the petitioneRs.Singh Omkar 2013.09.20 10:45 I attest to the accuracy and integrity of this document High Court, Chandigarh CRM No.M-15227 of 2013 2 This Court while issuing notice of motion on 09.05.2013 passed the following order:- “Crl.M.No.25164 of 2013 Application is allowed subject to all just exceptions.
Crl.M.No.M-15227 of 2013 Contends that dispute between the parties is civil in nature regarding property earlier owned by Jangir Singh, grand father of petitioners no.2 and 3.
Further submitted that civil suit was also filed by father of petitioners no.2 and 3, in which stay application was also filed and, however, stay was declined by learned trial Court and, however, on appeal the stay was granted in favour of father of petitioners no.2 and 3.
Further submitted that revision against the stay order was filed by complainant wherein order was passed maintaining status quo with regard to possession over the suit property by this Court vide order dated 19.12.2012, Annexure P2.
Further submitted that the present FIR was lodged after about four months of the alleged occurrence just to pressurise the petitioner to compromise the dispute with regard to the land.
Notice of motion to Advocate General, Punjab, for 18.7.2013.
However, in the meantime, petitioners are directed to join the investigation and in case they are arrested, they shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.”
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It has been contended by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 09.05.2013 Singh Omkar 2013.09.20 10:45 I attest to the accuracy and integrity of this document High Court, Chandigarh CRM No.M-15227 of 2013 3 It has also been stated by learned counsel for the State, on instruction from HC Kaul Jeet Singh, that petitioners have joined the investigation.
However, bail application has been opposed by learned counsel for respondent-State as well as by learned counsel for complainant on the plea that some other alleged stolen articles i.e., bricks etc.are to be recovered.
However, as already observed above, dispute between the parties is civil in nature regarding property earlier owned by Jangir Singh, grand father of petitioners no.2 and 3.
Civil suit filed by father of petitioners no.2 and 3 regarding this very land, is pending between the parties and during pendency of the said civil suit, the present FIR has been lodged.
There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Ajaib Singh @Golu, Simaranjit Singh @Simarjit Singh and Harpareet Singh is accepted and order dated 09.05.2013 granting interim bail in favour of the petitioners is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C.The present petition stands disposed of accordingly.
( RAM CHAND GUPTA ) September 17, 2013.
JUDGE ‘om’ Singh Omkar 2013.09.20 10:45 I attest to the accuracy and integrity of this document High Court, Chandigarh