Mehinder Singh Sullar, J.@mdashPetitioner-Baljeet Singh son of Surat Singh, has preferred the instant petition for the grant of concession of pre-arrest bail, in a case registered against him along with his other co-accused, vide FIR No. 484 dated 13.12.2007, on accusation of having committed the offences punishable under Sections 307, 506, 336, 160, 382 read with Section 34 IPC and Sections 25 & 27 of the Arms Act, by the police of Police Station Civil Lines, Amritsar.
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, a Co-ordinate Bench of this Court (Jitendra Chauhan J.) passed the following order on December 02, 2013:-
Learned counsel refers to Annexure P-2, affidavit of the complainant and submits the complainant has no grouse against the petitioner.
Notice of motion for 22.1.2014.
At the asking of the Court, Mr. Luvinder Sofat, AAG, 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 Parveen Kumar, 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. Moreover, the parties have amicably settled their dispute, by virtue of affidavit dated 03.08.2013 (Annexure P-2) of the complainant. 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 December 02, 2013, by this Court, is hereby made absolute, subject to the compliance of the conditions, as contemplated u/s 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.
