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DEEPAK GUPTA
Sewak Singh Alias Sahu Alias Gursewak Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. factual basis of the case and investigation (Para 1 , 2 , 3) |
| 2. procedure for summoning additional accused (Para 4 , 5) |
| 3. arguments for granting anticipatory bail (Para 6) |
| 4. arguments opposing anticipatory bail (Para 7) |
| 5. court analysis of evidence regarding the petitioner (Para 8 , 9) |
| 6. final decision on granting anticipatory bail (Para 10) |
JUDGMENT
Deepak Gupta, J.
By way of this petition filed under Section 438 Cr.P.C., petitioner has prayed for grant of anticipatory bail in case FIR No.56 dated 02.05.2016 registered under Sections 302 , 201 and 120B IPC at Police Station Sadar Samana, District Patiala, in which he has been summoned by the Court on an application under Section 319 Cr.P.C.
2. As it emerges on perusal of the paper book that retired Inspector Hazur Singh and his son Gurpreet Singh left their home at Patiala on 19.04.2016 at about 11:30 A.M for going to Samana in their Scorpio Vehicle No.PB-11-BD-6622, regarding some land deal. They did not return. On the complaint of Smt. Sukhjit Kaur, the wife of Hazur Singh, a missing report was lodged. On 20.04.2016, information was received about falling of a vehicle in Bhakhra Canal Bridge Jora Majra on 19.04.
The court emphasized the need to balance the freedom of an individual with the gravity and seriousness of the offense, especially when the offense affects a large number of people.
The court affirmed that custodial interrogation is not a valid reason to deny bail if petitioners have cooperated with the investigation.
Anticipatory bail can be granted when there are insufficient specific allegations connecting the petitioner to the abetment of suicide, and if custodial interrogation is not required.
The main legal point established in the judgment is the significance of prima facie evidence, the seriousness of the crime, and the need for custodial interrogation in cases involving criminal conspi....
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