Jarnail Singh vs State Of Punjab - 2022 Supreme(SC) 823

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 823

SUPREME COURT OF INDIA
UDAY UMESH LALIT, S. RAVINDRA BHAT, JJ.
Jarnail Singh - Appellant
Versus
State Of Punjab & Anr. - Respondents
Criminal Appeal No.357 of 2022 (Arising out of SLP (Crl.) No.11379 of 2019)
Decided on : 07-03-2022

Headnote:
Anticipatory Bail - Criminal Procedure - The appellant sought anticipatory bail in connection with a crime registered under various sections of the Indian Penal Code. The High Court rejected the application, but the Supreme Court granted the relief of anticipatory bail considering the appellant's entitlement to it.
Fact of the Case:

The appellant sought anticipatory bail after being apprehensive of arrest in connection with a crime registered under various sections of the Indian Penal Code. The High Court rejected the application, leading to the present appeal before the Supreme Court.
Finding of the Court:

The Supreme Court, after considering the entirety of the situation, found the appellant entitled to the relief of anticipatory bail and set aside the High Court's order. The Court directed specific conditions for the appellant's release on bail, including furnishing cash security and extending complete cooperation in the investigation.
Issues: The main issue was the appellant's entitlement to anticipatory bail in connection with the registered crime, as well as the level of cooperation required from the appellant in the investigation.
Ratio Decidendi: The Court's decision was influenced by the appellant's entitlement to anticipatory bail and the need for cooperation in the investigation, leading to the grant of anticipatory bail with specific conditions.
Final Decision: The appeal was allowed, the High Court's order was set aside, and the Supreme Court directed the conditions for the appellant's release on anticipatory bail.

ORDER :

1. Leave granted.

2. This appeal challenges the judgment and order dated 05.12.2019 passed by the High Court of Punjab & Haryana at Chandigarh in CRM-M No.51755 of 2019 (O&M).

3. Apprehending arrest in connection with crime registered pursuant to First Information Report No.271/2019 dated 18.09.2019 lodged with Police Station City Kapurthala, District Kapurthala, Punjab, for the offences punishable under Sections 420, 465, 468, 471, 120-B, 467 IPC, the appellant preferred an application for anticipatory bail in terms of Section 438 of the Code of Criminal Procedure, 1973. The application having been rejected by the High Court, the present appeal has been preferred.

4. While issuing notice vide order dated 06.01.2020, this Court granted interim relief and directed that no coercive steps be taken against the appellant.

5. Ms. Jaspreet Gogia, learned Advocate appearing for the State submits that the investigation into the crime otherwise is complete but the appellant did not cooperate with the investigation.

6. Considering the entirety of the situation, in our view, the appellant is entitled to the relief of anticipatory bail. We, therefore, allow this appeal, set-aside the order passed by the High Court, and direct as under:

b) The appellant shall extend complete co-operation in the ensuing investigation and give a sample signature and handwriting as demanded by the Investigating Officer.

c) In order to facilitate the investigation, the appellant shall present himself before the Investigating Officer on 14.03.2022 at 11.00 a.m. and shall continue to remain present from 11.00 a.m. to 5.00 p.m. during the entire week. With these observations, the appeal is allowed.

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