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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anupinder Singh Grewal, J.
Baryam Singh @ Waryam Singh - Appellant
Versus
State Of Punjab - Respondent
CRM-M No. 8268 of 2021
Decided On : 23-03-2021
Anticipatory Bail - Delay in FIR Registration - Political Rivalry - The court granted anticipatory bail to the petitioner due to the delay in FIR registration, the petitioner's age, and the implication due to political rivalry.
Fact of the Case:
The petitioner sought anticipatory bail in a case involving allegations under Sections 170, 465, and 473 of the Indian Penal Code, 1860, related to organizing a cattle fair in 2019. The petitioner argued that there was a delay of almost two years in registering the FIR and that he was implicated due to political rivalry.
Finding of the Court:
The court had earlier directed the petitioner to join the investigation and granted interim bail. Upon the petitioner joining the investigation, the court made the interim bail absolute, considering the Covid-19 pandemic and the petitioner's compliance with the investigation.
Issues: Delay in FIR registration, political rivalry, and the petitioner's age were key issues in the case.
Ratio Decidendi: The court's decision was influenced by the delay in FIR registration, the petitioner's age, and the implication due to political rivalry, leading to the grant of anticipatory bail.
Final Decision: The court granted anticipatory bail to the petitioner, subject to the conditions stipulated under Section 438(2) Cr.P.C, and directed the petitioner to join the investigation as and when called upon to do so.
JUDGMENT
Anupinder Singh Grewal, J. - Heard through video conferencing.
2. The petitioner is seeking anticipatory bail in case FIR No. 0012 dated 01.02.2021, under Sections 170, 465 and 473 of the Indian Penal Code, 1860, registered at Police Station Shahpur Kandi, District Pathankot.
3. Learned counsel for the petitioner contends that there is a delay of almost two years in registering the FIR wherein it is alleged that the petitioner had signed and put the stamp of the Sarpanch for organizing a cattle fair in 2019 although his term had expired in December, 2018. He also contends that the petitioner is 67 years of age and has been implicated due to political rivalry with the complainant.
4. This Court, by order dated 22.02.2021 had directed the petitioner to appear before the Investigating Officer and join the investigation and in the event of his arrest, he was ordered to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions envisaged under Section 438(2) Cr.P.C.
5. Learned State counsel, upon instructions from ASI Kuldip Singh, states that the petitioner has joined investigation.
6. In view of the above and the petitioner having joined investigation, the Covid-19 Pandemic, the order dated 22.02.2021 granting interim bail to the petitioner is made absolute.
7. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon to do so.
8. The petition stands disposed of.
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