Kanwaljit Singh Ahluwalia, J. - (1.) THE present petition has been filed under Section 438 Code of Criminal Procedure for grant of pre -arrest bail to the Petitioner in case FIR No. 209 dated 25.12.2010 registered at Police Station Guru Har Sahai, District Ferozepur under Sections 420/419 IPC.
(2.) COUNSEL for the Petitioner states that vide order dated 10.3.2011, Annexure P3, co -accused of the Petitioner was released on pre -arrest bail. On 18.3.2011, a Co -ordinate Bench had passed the following order: Learned Counsel for the Petitioner states that as per prosecution story, all the accused posing themselves as TV Reporters, blackmailed the complainant and received Rs. 60,000/ - in three installments on the pretext that they will not publish any news against the complainant. He further states that custodial interrogation of the Petitioner is totally unjustified in the present matter. Learned Counsel for the Petitioner while placing reliance on the judgment of Hon'ble the Apex Court in the matter of Siddharam Satlingappa Mehtre v. State of Maharashtra, 2011 (1) RCR 126 has argued irrational and indiscriminate arrest are gross violation of human rights. Notice of motion for 21.4.2011. Meanwhile, in the event of arrest of the Petitioner, he shall be released on bail by the Investigating Officer on furnishing their personal bonds and one surety each to the satisfaction of the Investigating Officer, subject to the limitations provided under Section 438(2) of the Code. Petitioner -accused shall participate in the investigation as and when he is required. Counsel for the State, on instructions from ASI Sucha Singh, Police Station, Guru Har Sahai has submitted that the Petitioner has joined the investigation and is no longer required for custodial interrogation.
(3.) FOR the reasons stated in order dated 18.3.2011 and the statement made by counsel for the State, order dated 18.3.2011 is made absolute till the submission of report under Section 173 Code of Criminal Procedure (Challan), subject to conditions as provided under Section 438(2) Code of Criminal Procedure. Thereafter, the Petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court. Petition stands disposed of.;