CRM-M No. 6413 of 2011 **** Raghubir Singh vs. State of Punjab Present: Mr. R.P.Dhir, Advocate for the petitioner. Mr. Gazi Mohammad, DAG. Punjab. Mr.HPS Aulakh, Advocate for the complainant. **** On 12.05.2011, the following order was passed:- “ This is an application for anticipatory bail in case bearing FIR No. 73 dated 4.4.2003, under Sections 307, 148 and 149 IPC, registered with Police Station Nawanshahar, District Nawanshahar. Learned counsel for the petitioner has argued that originally the petitioner was not named in the FIR and for the first time was declared an accused by order dated 09.02.2004 in an application under Section 319 Cr.P.C. As per learned counsel before that the petitioner had gone abroad for his livelihood in the month of January, 2004. Consequently he was never served with the summons and was resultantly declared a proclaimed offender. He returned to India only in October, 2010 and immediately on coming to know of the pendency of the case against him, has moved this application for anticipatory bail which has wrongly been declined by the Court below. Learned counsel for the complainant as well as learned DAG seek some more time to verify what has been stated above. Adjourned to 02.06.2011. In the meantime arrest of the petitioner shall remain stayed.” Learned DAG, on instructions from HC Balehar Singh, has CRM-M No. 6413 of 2011 -2- very fairly stated that he is not in a position to deny the factual assertions. He, however, states that it would be necessary for petitioner to join the investigation. Consequently this petition is allowed. The petitioner is directed to appear before the investigating officer on 10.06.2011 between 10.00 a.m. to 5.00 p.m. The investigating officer shall release him on bail to this satisfaction subject to conditions as envisaged under Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) JUDGE June 02, 2011 sunita