VARINDER SINGH @ JHIRMAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through instant second petition under Section 438 Cr.P.C. prayer has been made for grant of anticipatory bail to the petitioner Varinder Singh @ Jhirmal in case FIR No.70 dated 13.05.2019 registered under Sections 341, 506, 188, 34 IPC (Section 508 IPC wrongly written in impugned order dated 22.05.2019 instead of Section 506 IPC) and Sections 25 and 27 of the Arms Act, 1959 at Police Station Arniwala, District Fazilka.

(2.) Vide order dated 05.09.2019, petitioner was permitted to join investigation with direction to the investigating officer to release him on bail, in case, he is sought to be arrested, on his furnishing bail bonds and surety bonds to the satisfaction of investigating officer. On the adjourned date, learned counsel for the complainant resisted grant of anticipatory bail to the petitioner. He also filed reply. Heard.

(3.) Main plank of arguments of learned counsel for the complainant is that arms licence of the petitioner had already expired four months prior to the alleged date of occurrence. Even during Lok Sabha elections every arms licence holder has to deposit his arms with the police or some arms dealer. Petitioner also did not comply with said mandatory direction. Second petition of the petitioner for grant of anticipatory bail is not maintainable. In support of his argument, learned counsel relied upon Ganesh Raj vs. State of Rajasthan and others, 2005(3) R.C.R.(Criminal) 30 (Rajasthan), Sanjeev Kumar vs. Central Bureau of Investigation through its Director, 2005(2) R.C.R.(Criminal) 856 (P&H), Raghunath Meena and another vs. State of Rajasthan, 2015(47) R.C.R.(Criminal) 709 (Rajasthan), M/s Maheshwari Kumari vs. State, 2008(25) R.C.R.(Criminal) 13 (Calcutta) and Balbir Kumar vs. State, 2006(23) R.C.R.(Criminal) 615 (Delhi).