Judgment:
CRM No.M-19693 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-19693 of 2014 Date of Decision:- 30.06.2014 Vicky .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Mr. J.S. Grewal, Advocate, for Mr. Piyush Sharma, Advocate for the petitioner. Ms. Amarjit Khurana, Additional Advocate General, Punjab, for the respondent-State. **** MEHINDER SINGH SULLAR , J.(oral) Petitioner-Vicky son of Satpal, has directed the instant petition for the grant of anticipatory bail, in a case registered against him along with his other co-accused, vide FIR No.268 dated 25.12.2011, on accusation of having committed the offences punishable under Sections 324, 323, 148 and 427 IPC (the offences punishable under Sections 307 and 326 were later on added), by the police of Police Station City Ferozepur.
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 considering the Kumar Naresh 2014.07.03 15:28 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-19693 of 2014 -2- 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, the following order was passed by a Co-ordinate Bench of this Court (Jitendra Chauhan, J.) on June 02, 2014:- “Learned counsel contends that in fact Vicky s/o Jalal Khan is named in the FIR and not the petitioner. The complainant misbehaved with the womenfolk of the family of the petitioner, when brother of the petitioner resisted, the complainant attacked and brother of the petitioner was given grievous injuries. Notice of motion for 30.6.2014. At the asking of the Court, Mr.KS Sidhu, DAG, Punjab accepts notice on behalf of the respondent-State. Copy of the paper book has been handed over to the learned State counsel in the Court. Meanwhile, in the event of arrest of the petitioner by the Arresting Officer, he shall be released on interim bail subject to the following conditions:- 1) that he shall make himself available for interrogation by a police officer as and when required; 2) that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and; 3) that he shall not leave India without the previous permission of the Court.”. 5. At the very outset, on instructions from ASI Sam 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 Kumar Naresh 2014.07.03 15:28 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-19693 of 2014 -3- (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 02.06.2014, 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. June 30, 2014 (MEHINDER SINGH SULLAR) naresh.k JUDGE Kumar Naresh 2014.07.03 15:28 I attest to the accuracy and integrity of this document Chandigarh