IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-20905 of 2008
Date of decision: 8th May, 2009
Taranjit Singh
... Petitioner
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. M.S. Dhillon, Advocate for the petitioner.
Mr. Mehardeep Singh, Assistant Advocate General, Punjab
for the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Present petition has been filed under Section 438 Cr.P.C.
seeking grant of anticipatory bail to the petitioner in case FIR No. 99 dated
07.07.2006 registered at Police Station City Gurdaspur under Sections
407, 120-B IPC.
On August 21, 2008, a Coordinate Bench of this Court had
passed the following order:
“Counsel for the petitioner states that case of petitioner
is similar to the case of Baljinder Singh and he has been
granted pre-arrest bail by a Co-ordinate Bench of this Court.On 11.1.2007, in the case of Baljinder Singh, a Co-
ordinate Bench passed the following order:-“Present: Mr. M.S.Dhillon, Advocate
Contends that the petitioner is a small truck
operator having one truck and was entrusted for
delivering the wheat in Jammu and Kashmir by M/s
Chadha Motors. The same had been duly delivered as
is indicated from Annexure P5. Despite that M/s Chadha
Motors is now blaming the name of the petitioner in
order to escape their liability of embezzling the huge
wheat.Criminal Misc. No. M-20905 of 2008 2
Notice of motion to A.G. Punjab for 19.3.2007.
In the meanwhile, in the event of arrest of the
petitioner, he shall be released on anticipatory bail to
the satisfaction of the Arresting Officer, subject to the
conditions contained in Section 438 (2) Cr.P.C. He will
join the investigation as and when required.Sd/-
(Ranjit Singh)
Judge
11.1. 2007″.Thereafter on 19.3.2007, pre-arrest bail granted to
Baljinder Singh was made absolute till filing of the challan. The
order dated 19.3.2007 passed in Criminal Misc. No. 923-M of
2007 preferred by Baljinder Singh reads as under:-“Present: Mr. M.S.Dhillon, Advocate
for the petitioner.Mr. M.C.Berry, Sr. DAG, Punjab
for the State.Mr.Berry, on instructions, submits that the
petitioner has joined the investigation. The main
allegation is against M/s Chadha Motors. The petitioner
is a small time operator having one truck. No case for
custodial interrogation appears to be made out.Order dated 11.1.2007 is made absolute. This
order will enure till the filing of challan and thereafter the
petitioner will be at liberty to approach the trial Court for
regular bail, but this order would continue till disposal of
regular bail application, if filed.
Petition is allowed.Sd/-
(Ranjit Singh)
Judge
March 19, 2007″.
In view of the statement made by counsel for the
petitioner that the case of Baljinder Singh is similar to the
petitioner, issue notice of motion to learned Advocate General,
Punjab, for 3.9.2008.
Criminal Misc. No. M-20905 of 2008 3
Meanwhile, in the event of arrest, petitioner shall be
released on interim bail to the satisfaction of the Arresting
Officer. Petitioner shall join investigation as and when called
for. Petitioner shall also abide by the conditions specified
under Section 438(2) Cr.P.C.”
Thereafter, on April 27, 2009, statement of the counsel for the
petitioner was recorded that the trucks and their registration certificates
shall be produced before the Investigating Officer, with liberty to file
application for release of the vehicles on Superdari from the trial Court.
Counsel for the State has submitted that trucks have not been
produced before the Investigating Officer.
Counsel for the petitioner has submitted that as the trucks
were plying in Assam, therefore needful could not be done and he pray
that one more opportunity may be granted.
Counsel for the State, on instructions from Surinder Singh SI
has stated that except for production of the trucks, nothing else is required
from the petitioner.
Taking this into consideration, present petition is disposed off
with a direction that in case petitioner produces trucks in the Court of Chief
Judicial Magistrate, Kapurthala on or before 20th May, 2009, he shall be
released on bail after furnishing bail bonds to the satisfaction of
Investigating Officer. Petitioner shall continue to join investigation.
Petitioner shall also abide by the conditions specified under Section 438
(2) Cr.P.C. In case, trucks are not surrendered on or before 20th May,
2009, the Investigating Officer shall be at liberty to take the petitioner into
custody.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
May 8, 2009
rps