Saqib Ali Khan vs State Of Punjab on 4 August, 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M-14732-2017
Date of decision: 04.08.2017

Saqib Ali Khan
…Petitioner

Versus

State of Punjab
…Respondent

CORAM: HON’BLE MS. JUSTICE JAISHREE THAKUR

Present: Mr. Mohd. Yousf, Advocate,
for the petitioner.

Mr. Abhay Pal Singh Gill, Asstt. A.G., Punjab.

****

JAISHREE THAKUR, J. (ORAL)

The instant petition under Section 438 Cr.P.C. has been filed

by the petitioner for grant of anticipatory bail in case FIR No. 12 dated

04.02.2017 under Sections 323, 341, 509 IPC, registered at Police Station

City-II, Malerkotla, District Sangrur.

This Court was pleased to pass the following order on

28.04.2017 :-

“Counsel for the petitioner, inter alia, contends that the
complainant is the daughter of a sitting Member of Legislative
Assembly and a Minister in the Government of ruling Congress
party. Initially, the FIR was registered for offence punishable
under
Sections 323, 341 and 509 of the Indian Penal Code but
later offence under
Section 354 IPC has been added in order to
aggravate culpability of the petitioner and to make the case
non-bailable for the added offence. It is further submitted that
the petitioner is a Municipal Councillor, belonging to the
erstwhile ruling party i.e. Akali Dal. It is further submitted that

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the present FIR is the result of political vendetta when
otherwise, it would be highly difficult for the petitioner to slap
the complainant in the presence of various other persons, who
allegedly accompanied her at the alleged place of occurrence
on 03.02.2017 at about 10.30 pm when voting in the State of
Punjab was scheduled to be held on 04.02.2017.

Notice of motion for 04.08.2017.

In the meantime, the petitioner is directed to join
investigation within ten days and on his appearance before the
arresting/investigating officer, he shall be admitted to bail on
his furnishing bail bonds to the satisfaction of the concerned
officer, subject to the following conditions:-

i) he shall make himself available for interrogation
by a police officer as and when required;

ii) he shall not, directly or indirectly, make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him/her from disclosing such facts to the
Court or to any police officer; and

iii) he shall not leave India without previous
permission of the Court.”

Learned counsel for the petitioner submits that pursuant to the

order dated 28.04.2017, the petitioner has joined investigation.

Learned counsel appearing on behalf of the respondent-State

raises strenuous objection to confirmation of the interim order so passed,

however, is not able to dispute the fact that he has joined the investigation.

Since, initially FIR was registered for offence punishable under

Sections 323, 341 and 509 IPC and offence under Section 354 IPC being

added later, no recoveries are to be made, the petition is allowed and interim

order dated 28.04.2017 is hereby made absolute subject to the condition that

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the petitioner will join the investigation as and when required by the police

and will not tamper with evidence or hamper the investigation and will not

leave India without permission of the Court and will comply with the

conditions contained in Section 438(2) Cr.P.C.

04.08.2017 (JAISHREE THAKUR)
Satyawan JUDGE

Whether speaking/reasoned Yes.
Whether reportable No.

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