IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-24710 of 2008 Date of Decision: October 04, 2008 Harinder Singh Sharma @ Balli .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Rakesh Gupta, Advocate, for the petitioner. Mr. H.S. Brar, Deputy Advocate General, Punjab, assisted by Mr. Inderjit Sharma, Advocate, for the complainant. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.77 dated 14.6.2004 lodged for offences under Section(s) 306 IPC read with Section 34 IPC with Police Station, Rampura. Learned counsel for the petitioner has contended that the allegations were made against the accused in the FIR case. The investigating agency, however, found no incriminating material against the petitioner and therefore, the petitioner was not forwarded for trial. During the course of trial, after Crl. Misc. No. M-24710 of 2008 [2] examining PW-1 and PW-2 namely Teja Singh and Murti, respectively, an application under Section 319 Cr.P.C. was filed. Vide Order dated 27.5.2008, the petitioner has been summoned to stand trial as additional accused. Learned counsel for the petitioner further contends that the petitioner would appear before the Trial Court. Learned counsel for the respondent-State has pointed out that there are specific allegations against the petitioner. I have considered the issue at hand. It is not in dispute that the investigating agency could find no incriminating material against the petitioner. An opinion of innocence has already been recorded in favour of the petitioner. The purpose of summoning is to procure the presence of the petition. This petition is allowed. The petitioner would put in appearance before the Trial Court within 15 days from today or the date fixed, whichever is earlier. The petitioner shall not be taken in custody and would be released on bail. The petitioner shall continue to appear in Court. (AJAI LAMBA) October 04, 2008 JUDGE avin