IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-3774 of 2011 Date of Decision: 7.4.2011 Bhag Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Ashok Giri, Advocate, for the petitioner. Mr. Gazi Mohammad, DAG, Punjab, for the respondent-State. NAWAB SINGH.J (ORAL) On February 7th, 2011, Ajay Tiwari, J. passed the following order:- “Learned counsel states that neither the Khud is the public property nor has he damaged the banks. Notice of motion. Mr. Gazi Mohammad, DAG, Punjab, at the asking of the Court, accepts notice on behalf of the respondent-State. Learned counsel for the petitioner undertakes to supply two copies of the petition to the learned DAG during the course of the day. Adjourned to 21.3.2011. In the meantime arrest of the petitioner shall remain stayed.” Learned State counsel has stated that the petitioner has joined the investigation and is not required for custodial interrogation. This being so, order dated February 7th, 2011 is made absolute to the effect that the petitioner in the event of his arrest/surrender in the Court shall be released on bail by the Criminal Misc. No. M-3774 of 2011 (2) arresting officer or such Court to its satisfaction till the challan/charge sheet is filed and till the application for regular bail to be preferred by the petitioner is finally decided by the Court competent to try the case. Trial Court or the Court of inquiry while dealing with the application for regular bail under Section 439 of the Code of Criminal Procedure, shall be guided by the observations made by this Court on the basis of evidence collected so far against the petitioner. However, trial Court shall use its own discretion in rejecting the application for regular bail provided further evidence of complicity is collected or appears against the petitioner after passing of this order by this Court. Disposed of. 7.4.2011 (NAWAB SINGH) SN JUDGE