IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 24228 of 2010(O&M) Date of Decision: September 23, 2010. Makhan Singh and another. ...... PETITIONER(s) Versus State of Punjab ...... RESPONDENT(s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Vivek Suri, Advocate for the petitioner. Ms. Bhavna, D.A.G., Punjab. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.63 dated 26.06.2010, under Sections 307/323/148/149 IPC, registered at Police Station Bareta, District Mansa. I have heard learned counsel for the parties and have gone through the whole record. Though initially the present petition was filed on behalf of petitioners – Makhan Singh and Kala Singh @Harpreet Singh and however, learned counsel for the petitioners had withdrawn the same qua petitioner CRM No.M-24228 of 2010 No.1 –Makhan Singh. Petitioner No.2 –Kala Singh @Harpreet Singh was granted interim bail while issuing notice of motion on 20.08.2010 by coordinate Bench of this Court by passing the following order:- “Learned counsel for the petitioners submits that he may allowed to withdraw this petition qua petitioner No.1 with liberty to surrender before the investigating agency/trial court. Dismissed as withdrawn qua petitioner No.1 with liberty as aforesaid. As regards petitioner no.2, learned counsel submits that only fist blows are attributed to him, which cannot be the cause for injury attracting offence under Sections 307 IPC. Notice of motion re: petitioner No.2 for 23.09.2010. Meanwhile, in the event of arrest, petitioner No.2 shall be released on bail to the satisfaction of Arresting/Investigating Officer subject to the following conditions:- i) He shall make himself available for interrogation by a police officer as and when required; ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and iii) He shall not leave India without the previous permission of the Court.” It has been stated by learned counsel for the petitioners that petitioner No.2 –Kala Singh @Harpreet Singh has already joined the investigation pursuant to said order dated 20.08.2010 and that co-accused Makhan Singh has surrendered as per the undertaking given by him. It has also been stated by learned counsel for the State that petitioner No.1 –Makhan Singh has been arrested and petitioner No.2 –Kala Singh @Harpreet Singh has joined the investigation and that he is no more required for any custodial interrogation. 2 CRM No.M-24228 of 2010 There are no allegations on behalf of the State that petitioner No.2 is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of petitioner No.2 –Kala Singh @Harpreet Singh is accepted and order dated 20.08.2010 granting interim bail qua him is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. The present petition stands disposed of accordingly. ( RAM CHAND GUPTA ) September 23, 2010. JUDGE 'om' 3