Crl.M.No.M-15342 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. 1. Crl.M.No.M-15342 of 2010 (O&M) Sunil Kumar alias Pappu .....Petitioner v. State of U.T.,Chandigarh .....Respondent 2. Crl.M.No.M-16309 of 2010 (O&M) Anil Kumar .....petitioner v. State of U.T.,Chandigarh .....Respondent Date of Decision: June 29, 2010 CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Akhileshwar Pandey, Advocate and Mr.Kumar Deepak, Advocate for the petitioners. Mr.R.P.Verma, Advocate for Mr.Rajiv Sharma, Advocate for the respondent in Crl.M.No.M-15342 of 2010. Mr.Tarundeep Kumar, Advocate for Mr.Hemant Saini, Advocate for the respondent in Crl.M.No.M-16309 of 2010. ...... RAM CHAND GUPTA, J.(Oral) This order will dispose of both the aforementioned petitions bearing Crl.M.Nos.M-15342 and 16309 of 2010, filed by Sunil Kumar alias Pappu and Anil Kumar respectively, under Section 438 Cr.P.C. for grant of anticipatory bail to them in case FIR No.59 dated 20.2.2010, under Sections 306, 34 IPC, registered at Police Station Sector 39, Chandigarh. I have heard learned counsel for the parties and have gone Crl.M.No.M-15342 of 2010 (O&M) -2- through the whole record carefully. On 24.5.2010, this Court while issuing notice of motion in Crl.M.No.M-15342 of 2010, passed the following order: “Crl.M.No.27650 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-15342 of 2010 Argues that applicant is elder brother of co-accused Babita, with whom husband of deceased was allegedly having illicit relations. Further contends that petitioner is physically handicapped having 60% permanent orthopaedic disability and that his entire lower limbs are dis-functioning. Notice of motion for 29.6.2010. However, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.” On 31.5.2010, a Coordinate Bench of this Court in Crl.M.No.M-16309 of 2010 passed the following order: “Prayer is for grant of pre-arrest bail to the petitioner for offences under Sections 306 and 34 IPC. The daughter of the complainant has committed suicide and as per the allegation his son-in-law had an illicit affair with a girl named Babita Kanojia. The petitioner is the elder brother of Babita. Apparently, there are no direct allegations against the petitioner except that the complainant on learning about this had informed the petitioner about this affair. Notice of motion for 29.6.2010. In the meanwhile, in the event of arrest of the petitioner, he shall be released on anticipatory bail to the satisfaction of the Arresting Officer, subject to the conditions contained in Section 438 (2) Cr.P.C. He will join the investigation as and when required.” It has been stated by learned counsel for the petitioners that pursuant to the said orders, the petitioners have already joined the investigation. Crl.M.No.M-15342 of 2010 (O&M) -3- It has been stated by both the learned State counsel as well that the petitioners have joined the investigation and that they are no more required for any custodial interrogation by the police. There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. In view of these facts and without expressing any opinion on the merits of the case, orders dated 24.5.2010 and 31.5.2010, granting interim bail to petitioners-Sunil Kumar alias Pappu and Anil Kumar, are hereby confirmed subject to the compliance of conditions contained in Section 438(2) Cr.P.C. Both the petitions stand disposed of accordingly. 29.6.2010 (Ram Chand Gupta) meenu Judge