High Court of Punjab and HaryanaCRM-M/42508/2023allowed

Jatinder Singh @ Kaka v. The State Of Punjab

2023-09-04Mr. Justice Pankaj Jain5 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 04.09.2023 JATINDER SINGH @ KAKA ....Petitioner

Versus

THE STATE OF PUNJAB

...Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Lovish Rattan, Advocate for the petitioner.

Mr. Amit Shukla, AAG, Punjab.

PANKAJ JAIN, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.132 dated 23rd of September, 2020 registered for the offences punishable under Section 379-B of the Indian Penal Code (Sections 341, 201, 120-B IPC added later on) at Police Station Jhander, District Amritsar. 2.

Custody Certificate of the petitioner has been filed today in Court. The same is taken on record.

Counsel for the petitioner submits that the petitioner was earlier admitted to bail by the lower Court vide order dated 6th of January, 2021. However, due to absence on 28th of October, 2022 the bail bonds and surety bonds stand cancelled and forfeited to State and Non Bailable Warrants were issued qua the petitioner. Counsel further submits that the

absence on 28th of October, 2022 was not delibrate but owing to the fact that the petitioner was arrested in another FIR No.96 dated 18th of August, 2022. In the said case the petitioner stands admitted to bail by this Court vide order dated 27th of March, 2023 passed in CRM-M No.8263 of 2023 observing as under :

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"It is not in dispute and highlighted that the second respondent is a sitting Member of Parliament facing several criminal cases. It is also not in dispute that most of the cases ended in acquittal for want of proper witnesses or pending trial. As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second

respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of

Keeping in view the aforementioned circumstances, the instant petition is allowed and the petitioner is ordered to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the Trial Court/Illaqa Magistrate/Duty Magistrate concerned. However, the concerned Station House Officer shall be informed about the release of petitioner and the petitioner shall inform the concerned Station House Officer about his address at which he intends to reside during the pendency of case and any change in the address shall also be communicated to the concerned Station House Officer, forthwith. The petitioner would also furnish his telephone number to the concerned Station House Officer. He would also furnish his undertaking to the effect that he will not indulge in any illegal activity, during the pendency of the trial."

I have heard counsel for the parties and have gone through records of the case.

Keeping in view the aforesaid peculiar facts and circumstances of the present case and in view of the fact that the FIR dated 18th of August, 2022 had come as a result of secret information and there is no role attributed to the petitioner in the said case as observed by this Court in the order dated 27th of March, 2023, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.

Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. September 04, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No