Crl. Misc. No. M-165 of 2009 Deep Kumar @ Deepa and others vs. State of Punjab Present: Mr.G.B.Malik, Advocate, for the petitioners. Mr.Aman Deep Singh Rai, AAG, Punjab. **** While issuing notice of motion, the following order was passed by this Court on 9.1.2009:- “Learned counsel for the petitioners inter alia contends that the alleged occurrence is of 4.12.2008 whereas the FIR (Annexure-P.1) was registered on 12.12.2008 on the statement of the complainant Jaila Ram. It is submitted that according to the complainant Jaila Ram, Giano alias Gian Kaur with her three sons Sonu (petitioner No.3), Deep Kumar (petitioner No.1) and Raja alias Raj Kumar (petitioner 2) and 3-4 other persons who, it is alleged, came inside their house and demolished the gate and started throwing brickbats and came to their house by jumping the boundary wall. Then Sonu (petitioner No.3), it is alleged, attacked the complainant Jaila Ram with a stick which struck on his forehead and to save himself he is alleged to have entered into a room and locked the same from inside. Learned counsel submits that except for the offence under Section 452 IPC the other offences are bailable. A reference is also made to the statement (Annexure-P.3) of Gian Kaur alias Giano which, it is Crl. Misc. No. M-165 of 2009 -2- stated, was sent by way of a ruqa from the hospital where she was admitted on 4.12.2008. It is submitted that Giano alias Gian Kaur and Raj Kumar (petitioner No.2) also suffered injuries. Besides, it is submitted that Gian Kaur and Bahadur Lal have been granted pre-arrest bail vide order dated 31.12.2008 (Annexure-P.2). Notice of motion for 21.3.2009. In the meantime, in the event of arrest, the petitioners shall be admitted to interim bail subject to their furnishing personal bonds and surety each to the satisfaction of the Arresting/Investigating Officer. However, they shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C. To be listed for hearing with Criminal Misc.-M No.34624 of 2008.” Learned counsel for the State, on instructions from HC Surinder Singh, has submitted that the petitioners have joined investigation and are not required for further investigation. Accordingly, this petition is allowed and the order granting interim bail dated 9.1.2009 is made absolute. (SABINA) JUDGE May 05, 2009 anita