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High Court of Punjab and HaryanaCRM-M/20133/2015allowed

Ajit Singh v. State Of Punjab

2015-07-23Mr. Justice Harinder Singh Sidhu3 pages

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

Criminal Misc. No.M-20133 of 2015 .....

Date of decision:23.7.2015 Ajit Singh

...Petitioner

v.

State of Punjab

...Respondent

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Bikramjit Aroura, Advocate for the petitioner. Mr. N.K. Verma, Senior Deputy Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

This is second bail petition which has been filed by the petitioner under Section 438 Cr.P.C. for the grant of anticipatory bail in case FIR No.29 dated 4.2.2013 registered for the offences under Sections 420, 465, 467, 468, 471 and 120-B IPC at Police Station Civil Lines, Amritsar City.

Notice of motion was issued in this petition. Mr. N.K. Verma, learned Senior Deputy Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this petition. Police record has also been produced by Investigating Officer SI Tarsem Singh of Police Station, Civil Lines, Amritsar.

I have heard learned counsel for the parties and have gone

Cr. Misc. No.M-20133 of 2015 [2] through the record.

From the record, I find that this is second anticipatory bail petition filed in the changed circumstances. The first bail petition has been decided by this Court vide order dated 3.7.2013, vide which the bail petition of the present petitioner as well as his co-accused Ajit Singh son of Mukand Singh had been dismissed. The co-accused Ajit Singh son of Mukand Singh has filed SLP before the Hon'ble Supreme Court and the Hon'ble Supreme Court has granted anticipatory bail to co-accused Ajit Singh, whose case is almost the same.

After the decision of the first bail petition on 3.7.2013, neither any substantial progress has been made in the investigation nor any serious effort has been made by the Investigating Officer by applying to the Court for issuance of non-bailable warrants of the petitioner. As per the learned counsel for the petitioner, the present petitioner has also joined the investigation like co-accused Ajit Singh son of Mukand Singh, whose anticipatory bail has been allowed by the Hon'ble Supreme Court. Keeping in view the fact that co-accused has already been granted anticipatory bail in the similar circumstances by the Hon'ble Supreme Court, therefore, finding these changed circumstances, the present petition is also allowed.

Keeping in view the facts and circumstances of the present case, I accept this criminal miscellaneous petition and in the event of arrest, the petitioner shall be admitted to bail on his furnishing personal bonds in the sum of `30,000/- with one surety in the like amount to the satisfaction of the Arresting/Investigating Officer. The petitioner shall join the

Cr. Misc. No.M-20133 of 2015 [3] investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.

July 23, 2015.

(Inderjit Singh) Judge *hsp*