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Lakha Singh, Sub-Inspector Vs State of Punjab

Case No: Criminal Miscellaneous No. 371-M of 1988

Date of Decision: Feb. 1, 1988

Citation: (1988) 1 RCR(Criminal) 370

Hon'ble Judges: M.M.Punchhi, J

Advocate: D.N. Rampal, Baldev Singh, Advocates for appearing Parties

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Judgement

M.M. Punchhi, J. (Oral)

1. Heard. Though the allegations against the petitioner are quite serious, three factors impel me to grant him the directions sought for. The first is

that he is a public servant being a highranking police officer and if arrested and allowed to seek bail in the regular course would seriously

jeopardies his service prospects. Secondly the First Information Report against him was registered almost nine months after the alleged date of the

commission of offence. Thirdly, his coaccused Jit Singh was granted bail by I.S. Tiwana, J. on January 14, 1988 without expressing anything on

the merits of the case lest it may prejudice the case on either side.

2. Learned counsel for the State urges that due to the high position of the petitioner the case was registered, though delayedly, after great effort and

that the release of the coaccused of the petitioner should not be a guiding factor to release the petitioner on bail. Be that as it may, I find no reason

to treat the petitioner differently than the way his coaccused has been treated by this Court. Accordingly, this petition is allowed and interim

direction granted by I.S. Tiwana, J. on January 15, 1988, is made absolute. The petitioner shall be released on bail on his furnishing a bond in the

sum of Rs. 5,000/ to the satisfaction of the Investigator. He is directed to make himself available to the investigation as and when required and

further he shall not prevent any person acquainted with the facts of the case from disclosing the same to the investigation or the Court, as the case

may be.