Bipan Kumar vs State of Punjab

B. Rai, J.

This order shall dispose of Criminal Misc. Petition Nos. 271M and 1022M of 1998.

On the basis of complaint made by District Manager, MARKFED, Ludhiana, case F.I.R. No. 75 dated 1.5.1996 under Sections 406/409/109/120B I.P.C. was registered at Police Station Jagraon district Ludhiana against Bipan Kumar, Parveen Kumar, Pardeep Kumar, Pawan Kumar, Pirthi Pal Singh, Randhir Singh Gill and Gajender Singh. Randhir Singh and Gajender Singh filed an application under Section 438 Cr.P.C. seeking prearrest bail. Their prayer was allowed by the Addl. Sessions Judge, Ludhiana vide order dated 1.4.1997. Pawan Kumar also sought prearrest bail from the Court of Addl. Sessions Judge, Ludhiana. His prayer was also allowed vide order dated 3.6.1997. Prithipal Singh coaccused of the present petitioner was ordered to be released on anticipatory bail by the Coordinating Bench of this Court vide order dated 7.11.1997 Annexure P6 by passing the following order :

"The bail earlier granted for 90 days by one of the coordinate Benches of this Court vide order dated 21.5.97 is made conclusive."

2A. Bipan Kumar, Parveen Kumar and Pardeep Kumar were released on bail under Section 438 Cr.P.C. vide order dated 18.3.1997 till the date of filing of the challan. They were hoping that they would be entitled to seek regular bail in accordance with law. Parveen Kumar approached this Court for seeking anticipatory bail under Section 439 Cr.P.C. The prayer of the petitioners was declined vide order dated 10.12.1997 Annexure P7 by observing as follows :

"However, the petitioners, if so advised, may approach the courts of competent jurisdiction and seek a regular bail. In order to enable them to do so, their arrest in this case is stayed till 22.12.1997; the bail application if moved, shall be disposed of expeditiously and preferably within three days."

Application filed by Pawan Kumar was allowed by the Incharge Sessions Judge Ludhiana vide his order dated 3.6.1997 (Annexure P13). Bipan Kumar, Parveen Kumar and Pardeep Kumar also made an application under Section 439 Cr.P.C. seeking regular bail from the Court of Additional Sessions Judge, Ludhiana, which was rejected vide order dated 24.12.1997 Annexure P1 by observing in para 6 of this order that "keeping in view all the facts and circumstances of the case and the nature of the offences committed by the accused and the Government having been defrauded by the action on their part and keeping in view the fact that the Hon''ble High Court had found this offence serious in nature, I do not deem it proper to release the accused on bail. Hence I reject this application. The accused be taken into custody after 26.12.1997 as till then the Hon''ble High Court had already ordered them not to be arrested. They are directed to surrender to the Ilaqa/Duty Magistrate on 27.12.1997." Thus in these circumstances the present petitions have been filed for seeking regular bail.

It was argued by the learned counsel for the petitioners that throughout they remained on anticipatory bail. They joined the investigation as and when called by the police as directed by this Court vide order dated 18.3.1997. It was further contended that there is no allegation against the petitioners or any prosecution evidence was tampered with or they had attempted to tamper with the evidence or the witnesses. According to the learned counsel, during the period the petitioners remained on anticipatory bail, they did not misuse the concession of bail. He further went on to argue that the allegations against the present petitioners are the same as against Pawan Kumar who has already been released on bail. Learned counsel appearing on behalf of the State felt tight to controvert the contentions raised by the learned counsel for the petitioners. Nothing was shown from the record to this Court which may disentitle the petitioners to the concession of bail. In this situation, there is no alternative with this Court but to allow the prayer made. Accordingly, both the petitions are allowed. Bipan Kumar, Parveen Kumar and Pardeep Kumar petitioners are ordered to be released on bail on their furnishing bail bonds/surety bonds to the satisfaction of Chief Judicial Magistrate, Ludhiana.