SHAMSHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer on behalf of the petitioner is for grant of anticipatory bail in case FIR No. 54 dated 17.4.2010 under Sections 420/465/467/468/471 IPC, P.S. Zira, District Ferozepur.

(2.) Learned Counsel for the petitioner-accused has argued that earlier FIR No. 12 dated 30.1.2010 was registered at Police Station Raja Sansi, District Amritsar under Sections 420/468/471 IPC on the same ground of cheating and forgery by preparing fake passport and, therefore, second FIR No. 54 dated 17.4.2010 on the same cause of action could not have been registered. Learned Counsel has further argued that in view of Sub-clause (b) of Sub-section (1) of Section 12 of the Passports Act, 1967 (for short "the Act"), which relates to the offences and penalities for knowingly furnishing any false information with a view to obtain passport, the offence was to be registered only under Section 12 of the Act and no offence would be registered under Sections 420/465/467 IPC as the special enactment i.e. the Act would have precedence over a general enactment i.e. IPC. It was further contended that the same being punishable for a period upto two years would fall under the category of bailable offence and, therefore, the petitioner is entitled to be released on anticipatory bail.

(3.) Both the pleas raised by the petitioner are tenable. It emerges that the petitioner Shamsher Singh S/o Sangat Singh R/o Talwandi Mange Khan, Zira District Ferozepur had about seven years ago illegally gone to England by having a passport in the name of Sansar Singh S/o Sangat Singh, R/o Talwandi Mange Khan, Tehsil Zira District Ferozepur. Said passport was lost while his stay in England and his brother Mehar Singh, who is lambardar of the village got prepared a fake passport from Punjab for the petitioner in the name of Kaka Singh by attesting/certifying the same and sent it to England. Ration Card of the petitioner was also prepared in the name of Kaka Singh. On this illegality being discovered, he was deported back to Punjab and an FIR No. 12 dated 30.1.2010 was registered against the petitioner for using the passport in the name of Kaka Singh. Present FIR No. 54 dated 17.4.2010 has been lodged at Police Station Zira, District Ferozepur with regard to his having got a false passport in the name of Sansar Singh S/o Sangat Singh R/o Talwandi Mange Khan, Tehsil Zira District Ferozepur seven years back despite his actual identity being Shamsher Singh S/o Sangat Singh, R/o Talwandi Mange Khan, Zira District Ferozepur. Therefore, it is evident that both the FIRs relate to two different illegal acts of the petitioner-Shamsher Singh, who is an Ex-serviceman and getting service pension.