IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CR.M.P. NO. OF 2001

IN

SLP (CRL.) NO. ________OF 2001

IN THE MATTER OF:

Harnek Singh ... PETITIONER

VERSUS

State of Punjab ... RESPONDENT

AN APPLICATION FOR GRANT OF

ANTICIPATORY BAIL TO THE
PETITIONER

To
The Hon’ble Chief Justice of Supreme Court and
his Companion Justices

The humble Petition of the

Petitioners above-named

MOST RESPECTFULLY SHOWETH:

1. That the accompanying Special Leave Petition has

been filed by the Petitioner herein under Article 136 of the

Constitution of India against the impugned judgment and

order dated 15.11.2001 passed by the Hon’ble High Court

of Punjab and Haryana at Chandigarh in Criminal Misc.

No.46609 of 2001.

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2. That full facts leading to the filing of the

instant Application are set out in the accompanying Special

Leave Petition and the same are not being repeated herein for

the sake of brevity. The Petitioner craves leave of this Hon`ble

Court to refer to and rely upon the same at the time of

hearing for the purposes of instant Application.

3. It is submitted that the Hon’ble High Court by the

impugned Judgment and Order dated 15th November, 2001

has dismissed the Application of the Petitioner for

Anticipatory Bail in limine.

4. Being aggrieved by the passing of the aforesaid

impugned judgment/order rejecting the prayer of the

Petitioner for Anticipatory Bail, the Petitioner here is

filing the present Application before this Hon’ble Court,

inter alia, on the following grounds which are set out

without prejudice to each other and the Petitioner craves

leave of this Hon’ble Court to amend the same with prior

permission of this Hon’ble Court:

A. BECAUSE the Hon’ble High Court has in the facts

and circumstances of the case has committed an

error in dismissing the Anticipatory Bail Application

of the Petitioner as under criminal jurisprudence a

person cannot be held liable for the offences/acts

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 committed by any other persons even if that other

person happens to be a family member or kith and

kin of the accused person.

B. BECAUSE the Hon’ble High Court has failed to take

cognisance of the statements made by the members

of the Gram Panchayat of Himmatpura to the effect

that the Petitioner has nothing to do with the acts

and omissions committed by his son, Ajaib Singh.

C. BECAUSE the Petitioner had already disinherited

his son of all his properties well before the

registration of the FIR by the complainants. It is

clear from the language of the newspaper

publication that the Petitioner had severed all

connections whatsoever with his son and had made

it clear that whosoever made any agreement with

him shall himself be responsible for the same.

5. It is submitted that the Petitioners have a prima facie

excellent case on merits and that the balance of convenience

lies in favour of the Petitioners.

6. It is further submitted that it is in the interest of justice

and equity the present Application deserves to be allowed.

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 PRAYER

It is, therefore, most respectfully prayed that this Hon’ble

Court may graciously be pleased to:

[a] Allow the present Application directing that the

Petitioner be forthwith released on bail in the event of

his arrest in connection with FIR No.52 dated 8.10.2001

registered with Police Station, Nihal Singh Wala, District

Moga, Punjab under Section 420 IPC on such terms and

conditions as this Hon’ble Court may deem fit and in

the facts and circumstances of the case; and/or

[b] Pass such other and further order or orders as this

Hon’ble Court may deem fit and proper in the facts and

circumstances of the case.

AND FOR WHICH ACT OF KINDNESS THE APPELLANT AS IN

DUTY BOUND SHALL EVERY PRAY

FILED BY:

Advocate on Record for the Petitioner:

November , 2001