Balvir Kumar @ Binta v. State Of Punjab

 

   

       


 

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The instant petition has been filed under Section 438 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C) for grant of anticipatory bail to the petitioner in FIR No.25 dated 23.02.2024 registered under Sections 294-A, 13A Gambling Act, 1867 and Section 7 (3) of Lotteries (Regulation) Act, 1998 at Police Station Division No.5, Police Commissionerate, Ludhiana.

Learned counsel appearing for the petitioner inter alia contends that he has been falsely implicated in the present case. The maximum punishment provided for the offence alleged to be committed in the FIR (supra) is less than 3 years and no notice under Section 41-A Cr.P.C. was served upon the petitioner. As such, in view of the ratio of law culled out in the judgment rendered by the Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51, the petitioner is entitled for bail.

Notice of motion.

On the asking of the Court, Mr. Subhash Godara, Addl. A.G.,Punjab, who is present in Court, accepts notice on behalf of the respondent-State and opposes the prayer for grant of anticipatory bail to the petitioner on the ground that he is habitual offender and involved in three more cases. In view of the law laid down by the Hon'ble Supreme Court in Prabhakar Tewari vs. State of Uttar Pradesh (2020) 11 SCC 648, pendency of other criminal cases cannot be sole ground for rejection of the bail application and keeping in view the law enunciated by the Hon'ble SupremeCourt in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Mohd. Muslim alias Hussain Vs. State (NCT of Delhi) 2023 SCC OnLine SC 352, at the first instance, petitioner is directed to appear before the

 Investigating Officer on or before 28.03.2024 and on his doing so or in the event of arrest, petitioner shall be admitted to interim bail on furnishing of bail/surety bond to the satisfaction of the Investigating/Arresting Officer. The petitioner shall cooperate with the Investigating Officer and abide by the conditions as provided under Section 438 (2) Cr.P.C. If the Investigating/Arresting Officer does not permit the petitioner to join the investigation, the petitioner would appear before the Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioner in investigation, in terms of the order of this Court. Adjourned to 20.04.2024.

Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and the trial Court shall proceed without being prejudiced by observations of this Court. 

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