Sukhbir Singh vs State of Punjab

J.L. Gupta, J.

On December 15, 1993, A.S. Nehra, J. declined the prayer for anticipatory bail with the following observations :

"The third application for grant of anticipatory bail has been filed by Sukhbir Singh in a case registered vide FIR No. 109 dated 21.11.1992 in Police Station, Guruharsahai under Sections 326/452/379//324/323/34 IPC, read with Section 24/54/59 of the Arms Act. Two applications filed by the petitioner have been earlier declined by this Court in Crl. Misc. No. 11169M of 1992 and Crl. Misc. 14573M of 1993. No fresh ground for anticipatory bail is made out. Dismissed."

In spite of this order, the present application has been filed. Mr. Sushil Mohunta, learned counsel for the petitioner submits that the petitioner has now come across the report under Section 173 of the Code of Criminal Procedure by which a recommendation for the cancellation of the FIR has been made. He further submits that the petitioner''s father has already been granted bail under Section 430 of the Code of Criminal Procedure by this Court and that the petitioner''s custody is not required by the police for any purpose whatsoever. Accordingly, he submits that the relief of anticipatory bail should be granted to the petitioner.

On the other hand, learned counsel for the complainant and the State submit that the cancellation report submitted by the Investigating Officer has not been accepted by the Court and that the petitioner has been summoned by Judicial Magistrate, Ferozepur for trial.

Having heard learned counsel for the parties, I find that the initial presumption of innocence has been reenforced in this case by the report of the Investigating agency. In such a case, the rule enunciated by their Lordships of the Supreme Court in Gurbakh Singh v. State of Punjab, AIR 1980 SC 1632 that since denial of bail amounts to deprivation of personal liberty, the Court should lean against the imposition of unnecessary restrictions on the scope of Section 438, especially when no such restrictions have been imposed by that Legislature in the terms of that Sections, is fully applicable. Still further, it is conceded by the counsel for the respondents that no recovery has to be effected and the petitioner''s presence is not required even for interrogation. The fact that the Court has summoned the petitioner only implies that he would undergo trial. This, by itself, does not furnish an adequate ground for refusal of bail.

Mr. Akash Jain, learned counsel for the complainant has produced a photo copy of Crl. Misc. No. 9806M of 1993 filed by Dr. Harbhajan Singh, President, Municipal Committee, Guruharsahai under Section 482 of the Code of Criminal Procedure to contend that the petitioner was aware of the report under Section 173 of the Code of Criminal Procedure submitted by the Police.

A perusal of this petition which is dated August 2, 1993 shows that in paragraph 12, Dr. Harbhajan Singh has stated as under

"That in spite of the above orders, the Police of Police Station, Guruharsahai is deliberately with holding the report under Section 173 Cr.P.C. and is harassing the petitioner and coaccused. The petitioner''s passport is not being renewed due to the pendency of this investigation."

The prayer made in the petition is that the FIR and report under Section 173 Cr.P.C. be quashed.

Surely, if Dr. Harbhajan Singh who is the father of the present applicant know that the police had submitted a recommendation for the cancellation of the FIR, he would not have prayed for the quashing of the report. Consequently, no adverse inference in this behalf can be drawn against the petitioner.

Accordingly, it is directed that in the even of arrest, the petitioner shall be released by the officer concerned on his furnishing personal bail on or such security as the Investigating Officer may require. The petitioner shall comply with all the provisions of Section 438 of the Code of Criminal Procedure and shall not leave this country without the prior permission of the authority concerned. The application is, accordingly, disposed of.