BALDEV SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present petition has been filed by the complainant-Baldev Singh under Section 439(2) Cr.P.C. for cancellation of anticipatory/prearrest bail granted to respondents No.2 and 3 by Additional Sessions Judge, Ludhiana vide order dated 30.10.2017 in case FIR No.0173 dated 01.10.2017 registered under Section 306 read with Section 34 of Indian Penal Code at Police Station Doraha, District Khanna.

(2.) Learned counsel for the petitioner submits that there were specific allegations against respondents No.2 and 3 that they hatched a conspiracy and as a result of which, Sarabjeet Singh committed suicide. It was specifically mentioned in the suicide note that both respondents No.2 and 3 were responsible for his death. The custodial interrogation of accused respondents No.2 and 3 was required. Learned counsel further submits that while granting anticipatory bail by Additional Sessions Judge, Ludhiana, it has not been taken into consideration that deceased-Sarabjeet Singh has ended his life due to conspiracy hatched by respondents No.2 and 3. It was also not taken into consideration that in case, respondents No.2 and 3 were released on anticipatory bail, they might have caused interference in the Investigation and tamper with the evidence and may also influence the witnesses. Learned counsel also submits that there were specific allegations of abetment to commit suicide by respondents No.2 and 3. At the end, learned counsel for the petitioner submits that order of granting bail is totally non-speaking and is not based on any reasoning and as such, the bail granted to respondents No.2 and 3 is liable to be cancelled.

(3.) Learned State counsel has opposed the submissions made by learned counsel for the petitioner on the ground that various factors are to be seen at the time of cancellation of bail like; the accused has misused the liberty by indulging in similar criminal activities or tampering with the evidence or influencing the witnesses and also that there is likelihood that the accused may flee from the country just to avoid the Court proceedings or that any threat is given to the witnesses but none of the factors have been mentioned by learned counsel for the petitioner.