VICKY RAJPUT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has approached this Court by way of instant petition under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in the case arising out of FIR No.127 dated 30.8.2011 under Sections 452, 380, 148 and 149 of the Indian Penal Code registered at Police Station City Abohar. Notice of motion was issued.

(2.) LEARNED counsel for the petitioner submits that the instant one is a case for no injury. He further submits that since August 2011, nothing incriminating could be collected against the petitioner by the investigating agency. However, when the police started raiding the house of the petitioner in the month of March 2012, he approached the learned court but his prayer for pre-arrest bail was declined by the learned Additional Sessions Judge vide order dated 26.3.2012, Annexure P-2. Thus, it has become compulsive necessity for the petitioner to approach this Court by way of instant petition.

(3.) HAVING heard the learned counsel for the parties and after going through the record of the case, this Court is of the considered opinion that it is just and expedient to extend the benefit of pre-arrest bail to the petitioner. Even after repeated and pointed questions having been put to the learned counsel for the State, he had no answer even after getting instructions from ASI Panjab Singh, Police Station City Abohar, as to what steps were taken regarding the investigation w.e.f. 30.8.2011 till date. He submitted that now the Deputy Superintendent of Police, Fazilka, is conducting the investigation. The Police Officer is again blank as to what were the proceedings, which might have been taken place, till the matter was entrusted to the Deputy Superintendent of Police. He is also not aware as to why the matter was entrusted to the Deputy Superintendent of Police, particularly when none of the accused was arrested so far. No reason is forthcoming as to why any of the accused has not been arrested and why the alleged recovery could not be effected.