Crl.M.No.M-7460 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-7460 of 2011(O&M) Date of Decision: March 15, 2011 Harmanpreet Singh @ Manak Singh and another .....Petitioners v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.P.S.Sekhon, Advocate for the petitioners. ..... RAM CHAND GUPTA, J.(Oral) Crl.M.No.13608 of 2011 Application is allowed subject to all just exceptions. Crl.M.No.M-7460 of 2011 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in case FIR No.60, dated 10.6.2009, under Sections 307, 325, 324, 323, 506, 148, 149 IPC, Sections 307 and 325 IPC added lateron, registered at Police Station Sadar Dhuri, District Sangrur. I have heard learned counsel for the petitioners and have gone through the whole record carefully. This is second application for anticipatory bail filed by petitioners-accused. In earlier application filed by petitioners for grant of anticipatory bail, i.e., Crl.M.No.M-36162 of 2010, the following order was passed by this Court on 13.12.2010:- “Crl.M.No.64242 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-36162 of 2010 Learned counsel for the petitioners contends that he Crl.M.No.M-7460 of 2011(O&M) -2- does not want to press this petition qua Sukhdev Singh, petitioner no.1. Dismissed as withdrawn qua petitioner no.1-Sukhdev Singh. However, it has been contended by learned counsel that petitioners no.2 and 3 were found innocent by the police during investigation and that no specific injury has been attributed to them. Notice of motion for 3.1.2011 qua petitioner nos.2 and 3. In the meantime, petitioner nos.2 and 3 are directed to appear before learned trial Court within two weeks from today and if they so appear and apply for regular bail, they be released on interim bail by learned trial Court to its satisfaction subject to any conditions that may deem to be imposed by it.” However, petitioners did not comply with the said order and the bail application filed before this Court was got dismissed as withdrawn by learned counsel for the petitioners on 3.1.2011, after arguing for sometime on merits and the following order was passed by this Court:- “ The present petition has been filed under Section 438 of Code of Criminal Procedure in FIR No.60, dated 10.6.2009, under Sections 307/325/324/323/506/148/149 IPC, (Sections 307/325 IPC added lateron) and Sections 25/27 of Arms Act, 1959, registered at Police Station Sadar Dhuri, District Sangrur. After arguing for some time, learned counsel for the petitioner requests for withdrawal of this petition. Dismissed as withdrawn. Interim order dated 13.12.2010 granted in favour of petitioners No.2 and 3 stands vacated.” Petitioners were summoned to face trial in this case by learned trial Court vide order dated 9.6.2010 and they were directed to appear on 10.9.2010. However, petitioners did not appear till today before learned trial Court and are absconding. The same request has been repeated by Crl.M.No.M-7460 of 2011(O&M) -3- learned counsel for the petitioners that they be granted another opportunity to appear before learned trial Court and that learned trial Court may be directed to decide their applications. However, in view of the previous conduct of petitioners- accused and in view of the fact that they had been absconding since 10.9.2010, it is not such a case in which extraordinary relief of anticipatory bail should be granted to them. Hence, in view of these facts and without expressing any opinion on the merits of the case, the present petition filed by petitioners- Harmanpreet Singh @ Manak Singh and Yogmohinder Singh @ Joga for grant of anticipatory bail is dismissed being devoid of any merit. 15.3.2011 (Ram Chand Gupta) meenu Judge