The High Court of Punjab and Haryana dismissed Criminal miscellaneous application by confirming an earlier order granting bail, holding that the petitioner's custody was not required for investigation and he had joined the trial.
Order dated 15.02.2013 made absolute; Criminal miscellaneous application disposed of.
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Crl. Misc. No.M-4595 of 2013
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No.M-4595 of 2013 Date of decision: 12.07.2013
Prem Singh
.....Petitioner
versus
State of Punjab
..... Respondent
Present: Mr. Veneet Sharma, Advocate for the petitioner.
Mr. S. S. Dhaliwal, Addl. AG, Punjab.
Mr. Vivek Slathia, Advocate for the complainant.
S.S. SARON, J.
Learned counsel for the State on instructions from Sub Inspector Parkash Singh Police Station B-Division, Amritsar has submitted that the petitioner has joined the trial and his custody is not required for the purposes of investigation.
Learned counsel for the petitioner has submitted certified copy of the order dated 19.02.2013 passed by the learned Judicial Magistrate Ist Class, Amritsar wherein the bail bond furnished by the petitioner in the sum of Rs.50,000/- with one surety in the like amount was accepted.
Mr. Vivek Salathia, Advocate for the complainant has opposed the application. It is submitted that the earlier anticipatory bail application of the petitioner was dismissed by this Court vide order dated 29.01.2010. Therefore, he is not entitled for bail; besides, it is submitted that the police has not carried out effective investigations as the real culprits namely Balwinder Kaur and Bachittar Singh have not been arrested.
Crl. Misc. No.M-4595 of 2013
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I have given my thoughtful considerations to the matter. It may be noticed that indeed earlier petition for grant of pre-arrest bail i.e. Crl. Misc. No.M-33183 of 2009 filed by the petitioner was dismissed by this Court on 29.01.2010. However, later during inquiry, the petitioner was found innocent and was not sent up for trial in the police report that was filed. Thereafter he has been summoned as an additional accused vide order dated 20.10.2012 (Annexure P-3)
Learned counsel for the State has submitted on instructions that the custody of the petitioner is not required for the purpose of investigation. The petitioner has himself joined the trial.
In the facts and circumstances of the case, it would be just and expedient to confirm the order dated 15.02.2013 as the custody of the petitioner is not required for the purposes of investigation and he has already joined the trial. As regards the effective investigation not being conducted by the police, the complainant may pursue his other remedies in accordance with law.
In view of the above, order dated 15.02.2013 is made absolute.
The Criminal miscellaneous application is disposed of accordingly.
( S. S. Saron ) Judge
12.07.2013 A.Kaundal
1 issue framed by the court
Whether the petitioner is entitled to bail considering his earlier bail application was dismissed, he was later not sent up for trial, and he has joined the trial.
Prem Singh
State of Punjab
S.S. Saron
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
