The voluntary nature of confessional statements and the factors to be considered while granting bail are crucial in determining the cancellation of regular bail.

JUDGMENT :

Arvind Singh Sangwan, J.

1. Prayer in this petition is for cancellation of regular bail granted to respondent No. 2 Jatinderveer Arora @ Jimmi by this Court, vide order dated 25.04.2019 passed in CRM-M-17350/2019, in FIR No. 161 dated 20.10.2015 under Sections 295-A, 120-B IPC, registered at Police Station Dayalpura, District Bathinda.

2. On 25.04.2019, the lawyers were abstaining from work and were on strike. Since respondent No. 2 and co-accused Deepak Kumar were in judicial custody, after hearing the Investigating Officer ASI Nachhatar Singh, following order was passed by this Court:-

"These petitions have been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to petitioners Deepak Kumar and Jatinderveer Arora alias Jimmi in case FIR No. 161 dated 20.10.2015, registered under Sections 295-A and 120-B of the IPC at Police Station Dialpura, District Bathinda. As per the allegations in the FIR registered on 20.10.2015, complainant Iqbal Singh stated that he is the President of Local Gurudwara Committee of the village and at about 5.30 AM, the Granthi of the Gurudwara, namely Roop Singh, informed him that the pages of Guru Granth Sahib were scattered on the Phirni (link road of the village) and on the platform of "Bohar." Thereafter, complainant along with one Satnam Singh when to the spot and collected the pages of holy Granth. The FIR was registered with the allegations that the incident has deeply hurt the sentiments of the followers of Guru Granth Sahib.

It is submitted in the petition, filed by petitioner Deepak Kumar, that initially nobody was named in the FIR and the petitioner was nominated after a period of three years of the incident on the basis of a supplementary statement made by the complainant without there being any explanation of delay. It is further submitted in the petition that petitioner is in judicial custody since 03.11.2018, the investigation is complete and challan stands presented and the conclusion of the trial is likely to take a long time.

ASI Nachhatar Singh, who is present in Court, has not disputed the fact that investigation is complete and the petitioner is in judicial custody since 03.11.2018, however, submitted that one more case of the similar nature is pending against the petitioners in the same police station i.e. FIR No. 89 dated 26.06.2016, registered under Sections 295-A and 120-B of the IPC. In the petition, filed by petitioner Jatinderveer Arora alias Jimmi, it is additionally submitted that the petitioner is in judicial custody since 08.11.2019.

Without commenting upon the merits of the case, considering the facts that the petitioners are in judicial custody since 03.11.2018 and 08.11.2018, respectively and they are no more required for further investigation and also in view of the fact that conclusion of the trial is likely to take some time, the instant petitions are allowed. Petitioners Deepak Kumar and Jatinderveer Arora @ Jimmi are ordered to be released on regular bail on their furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate concerned."

3. Learned counsel for the petitioner submits that though the FIR was registered in 2015, however, accused Jatinderveer Arora @ Jimmi was arrested on 01.12.2018 and thereafter, he made a statement under Section 164 Cr.P.C. to the following effect:-

Question - For what work have you come to Court today?

Answer - I have come to Court as I want to state some facts.

Question - On the last date also you had got your statement re