Jail Singh Alias Jarnail Singh And … vs State Of Punjab on 27 March, 2009

Criminal Misc. No. M-6581 of 2009                                        1




       In the High Court of Punjab and Haryana, at Chandigarh.


                  Criminal Misc. No. M-6581 of 2009

                     Date of Decision: 27.3.2009


Jail Singh alias Jarnail Singh and Another
                                                              ...Petitioners
                                 Versus
State of Punjab
                                                             ...Respondent


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. Parminder Singh, Advocate
         for Mr. Navkiran Singh, Advocate
         for the petitioners.

          Mr. Anter Singh Brar, Deputy Advocate
          General, Punjab, for the State.

          Mr. Rajinder Kumar Singla, Advocate
          for the complainant.


Kanwaljit Singh Ahluwalia, J. (Oral)

Present petition has been preferred by the petitioners under

Section 438 Cr.P.C. praying for pre-arrest bail in case FIR No. 74 dated

20.2.2009 registered at Police Station Sadar, Patiala, under Sections

342, 380, 448, 511, 427, 506, 148, 149 & 120-B IPC and 25/27 Arms

Act.

On 9.3.2009, this Court had passed the following order:-

“Counsel for the petitioner has stated that

complainant is grand son of the real brother of

petitioner No.1. Parties are involved in civil litigation.
Criminal Misc. No. M-6581 of 2009 2

Counsel for the petitioner has placed reliance upon

Annexure P3 a civil suit pending between the

parties. It has been further submitted that all

offences except offence falling under Section 380

IPC are bailable. Perusal of allegations as noticed

in the impugned order show that a gas cylinder was

taken away by a number of persons who came

allegedly on the dead of night armed with weapons.

No injury has been caused in the occurrence.

At this stage, Mr. Rajinder Kumar Singla,

Advocate, has caused appearance for the

complainant. He has stated that along with gas

cylinder, container for storing 5/6 bags of wheat, one

sofa and other household articles were taken.

The probability of the version stated by the

complainant is to be verified during course of

investigation. Custodial interrogation of the

petitioners may not be necessary.

Issue notice of motion to learned Advocate

General, Punjab, for 27.3.2009.

Meanwhile, in the event of arrest,

petitioners shall be released on interim bail to the

satisfaction of the Arresting Officer. Petitioners shall

join investigation as and when called for. Petitioners

shall also abide by the conditions specified under

Section 438(2) Cr.P.C.”

Criminal Misc. No. M-6581 of 2009 3

It is essentially a civil dispute between the family members.

Counsel for the State, on instructions from Karnail Singh,

Head Constable, submits that petitioners have joined investigation but

recovery of gas cylinder, sofa set, six quintals wheat drum containing

wheat, bricks, guarder is to be effected.

Taking the entire gamut of case into consideration, custodial

interrogation of the petitioners is not required.

In view of the statement made by counsel for the State and

order dated 9.3.2009 passed by this Court, interim pre-arrest bail

granted to the petitioners is affirmed till filing of the report under Section

173 Cr.P.C. On submission of report under Section 173 Cr.P.C.

petitioners shall furnish regular bail-bonds to the Court concerned.

With these observations, present petition is disposed off.

(Kanwaljit Singh Ahluwalia)
Judge
March 27, 2009
“DK”