CRM-M No. 13475 of 2011 **** Gurbax Singh vs. State of Punjab Present: Mr.Akshay Jain, Advocate for the petitioner. Mr. Gazi Mohammad, DAG. Punjab. **** On 04.05.2011, the following order was passed:- “ Prayer under Section 438 Cr.P.C. is for grant of pre-arrest bail in case FIR No.23 dated 9.4.2011 under Sections 307, 324, 323, 34, 427 IPC, registered at PS Joga, District Mansa. As per allegations in the FIR lodged by the injured complainant Babban Singh he had purchased 6 kanals 9 marlas of land from the accused petitioner Gurbax Singh about 10 years back. However, the girdawaris had continued to show accused Gurbax Singh to be in possession of the said land. It is further alleged that on 9.4.2011 at the time when the complainant and his son Jiwan were sowing their fields the accused party armed with respective stated weapons came on a tractor being driven by the petitioner accused Gurbax Singh and on the instigation of the petitioner the accused party inflicted injuries to the complainant and his son Jiwan. Learned counsel for the petitioner submits that as per allegations the petitioner is only alleged to have instigated his son Manga Singh to take out his country made pistol and fire at the complainant party, however, the same was not done due to the alleged intervention of Smt. Gurdeep Kaur wife of accused petitioner Gurbax Singh. It is contended that besides this no other role is attributed to the petitioner. It is further contended that the petitioner is ready and willing to join investigation and nothing is to be recovered from him. Notice of motion for 27.05.2011. In the event of arrest of the petitioner, he shall be CRM-M No. 13475 of 2011 -2- released on interim anticipatory bail to the satisfaction of the Investigating Officer. Petitioner shall join investigation as and when required and shall also comply with the conditions as envisaged under Section 438(2) Cr.P.C.” Today learned DAG, on instructions from HC Purshotam Singh, stats that the petitioner has joined the investigation and is no more required.the circumstances order dated 04.05.2011 is made absolute subject to the conditions envisaged in Section 438(2) Cr.P.C., up to the filing of the challan, whereafter the petitioner would be required to seek regular bail. Petition stands disposed of. ( AJAY TEWARI ) JUDGE May 27, 2011 sunita