JAGDEEP SINGH AND ANOTHER v. STATE OF PUNJAB

Prayer in the present petition filed under Section 438 of the Cr.P.C. is for grant of anticipatory bail to the petitioners in case FIR No.160 dated 13.12.2018 registered under Sections 420, 465, 467, 468, 471 IPC at Police Station Dayalpura, District Bathinda.

The allegation against the petitioners is that they appended their signatures on a pronote as witnesses but that pronote was a forgery.

Counsel for the petitioners has argued that the entire material is before the investigating officer and the whole case hinges on whether the pronote is a forgery and that would be established by the evidence and therefore the custodial interrogation of the petitioners is not required.

Counsel for the complainant has argued that the pronote is ex-facie a forgery because on the date of pronote the complainant was in jail and therefore they could not have executed the pronote.

Be that as it may, in my opinion, no useful purpose would be served by taking the petitioners in custody. In the circumstances, without going into the merits of the case, I do not deem it appropriate to deny the concession of anticipatory bail to the petitioners. Resultantly, the petition is allowed. In the event of arrest of the petitioners, they shall be released on bail by the Investigating Officer subject to the conditions envisaged under Section 438(2) Cr.P.C.

The petitioners are directed to appear before the investigating officer on 15.01.2019 and on any other date as and when their presence is required. In case the petitioners do not appear before the investigating officer in the aforesaid manner the present petition would be deemed to have been dismissed.

Since the main case has been decided, the pending Criminal Misc. Application, if any, also stands disposed of.

( AJAY TEWARI ) January 08, 2019 JUDGE ashish Whether speaking/reasoned - Yes/No Whether reportable - Yes/No