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(2022) Law Today Live Doc. Id. 16853
Decided on: 15.06.2022
Present:
Mr. Naresh Kumar Ganga, Advocate for the petitioner.
Mr. Karanbir Singh, Assistant Advocate General, Punjab
Indian Penal Code, 1860 (45 of 1860), Sections 380, 457 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Theft in dwelling house – Anticipatory bail -- Lock of inner door of house was broken and theft of LCD, Gas Cylinder, stove, gold ornaments, utensils and cash occurred – Only on the basis of disclosure statement by some of the apprehended persons / accused, the petitioner has been roped in – No recovery has been made from the petitioner, he is not involved in any other case – Petitioner directed to appear before the SHO/Investigating Officer to join investigation and in the event of his arrest, he shall be released on bail on his furnishing bail bonds.
(Para 1-6)
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M.S. RAMACHANDRA RAO, J. (ORAL) –
1. Status report dated 14.06.2022 filed by the State Counsel in Court today is taken on record.
2. Registry to place the same at an appropriate place in the paper-book, and, paginate accordingly.
3. The petitioner is seeking anticipatory bail in FIR No. 74 dated 19.04.2022 (Annexure P-1), for offences punishable under Sections 380 & 457 of the IPC, registered at Police Station City Sunam, District Sangrur.
4. One Baljinder Singh alleged that on 25.01.2022, he and his family had gone to the house of his brother-in-law Harbans Singh son of Lal Singh, resident of Ghangroli, who was raising construction of his house, and that when he returned back on 05.02.2022, they found that the lock of inner door of their house was broken and theft of LCD, Gas Cylinder, stove, gold ornaments, utensils and cash occurred.
5. Counsel for the petitioner contends that his client is innocent and only on the basis of disclosure statement by some of the apprehended persons / accused, the petitioner has been roped in.
6. In the reply / status report of the State, there is a reference to certain disclosure statement(s) made by the accused – Somnath, implicating the petitioner, but admittedly no recovery has been made from the petitioner. It is also admitted that the petitioner is not involved in any other case.
7. In view of the above, the petitioner is directed to appear before the SHO/Investigating Officer to join investigation and in the event of his arrest, he shall be released on bail on his furnishing bail bonds to the satisfaction of SHO/Investigating Agency, subject to the following conditions as envisaged under Section 438(2) Cr.P.C.:-
(i) that the petitioner shall make himself available for interrogation before the investigating officer as and when required;
(ii) that the petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade them from disclosing such facts to the Court or to any police officer;
(iii) that the petitioner shall not leave the country without prior permission of the Court and shall surrender his passport, if any.
8. The petition is allowed accordingly.
Petition allowed.
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