CRM No.M 36507 of 2010 & CRM No.M 37067 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1 CRM No.M 36507 of 2010 Date of decision: 3.1.2011 Sanjeev Sarpal ...Petitioner Versus State of Punjab ...Respondent 2 CRM No.M 37067 of 2010 Date of decision: 3.1.2011 Davinder Sarpal and another ...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Deepak Aggarwal, Advocate for the petitioners Mr.KD Sachdeva, Addl.AG, Punjab Mr.Atul Goyal, Advocate for the complainant. *** Ram Chand Gupta, J.(Oral) This order will dispose of both the aforementioned petitions bearing CRM No.M 36507 & 37067 of 2010 filed by petitioner Sanjeev Sarpal, Davinder Sarpal and another respectively under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No. 121 dated 18.9.2010 registered under Sections 452, 448, 506, 148, 149 IPC and Sections 25/27 of the Arms Act at Police Station Cantonment, Amritsar. I have heard learned counsel for the parties and have gone through the whole record carefully. CRM No.M 36507 of 2010 & CRM No.M 37067 of 2010 2 This Court while issuing notice of motion in CRM No.M 36507 of 2010 (O&M) on 14.12.2010 passed the following order:- “ Crl.M.No.64954 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-36507 of 2010 “Contends that dispute between the parties is civil nature and that civil litigation is also pending between them. Further contends that the present FIR has been got registered just to pressurise the petitioner. It is also contended that even as per averments, no injury has been attributed to the petitioner. Notice of motion for 3.1.2011. 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.” This Court while issuing notice of motion in CRM No.M 37067 of 2010 (O&M) on 17.12.2010 passed the following order:- “ Crl.M.No.65835 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-37067 of 2010 “Contends that dispute between the parties is civil in nature and that civil litigation is also pending between them. It is further submitted that the present FIR has been got registered just to pressurize the petitioners. It is also contended that even as per averments, no injury has been attributed to the petitioners. Further submitted that case of present petitioners is similar to co-accused Sanjeev Sarpal, who has already been CRM No.M 36507 of 2010 & CRM No.M 37067 of 2010 3 granted interim bail by this Court vide order dated 14.12.2010 passed in Crl.M.No.M 36507 of 2010. Notice of motion for 3.1.2011. However, petitioners are directed to join the investigation and in case they are arrested, they 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. To be heard alongwith Crl.M.No.36507 of 2010” It has been stated by learned counsel for the petitioners that they have already joined the investigation pursuant to said orders dated 14.12.2010 and 17.12.2010. It has also been stated by learned counsel for the State that the petitioners have joined the investigation and that they are no more required for any custodial interrogation. 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. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail petitions i.e. Crl.M.Nos.36507 & 37067 of 2010 filed on behalf of petitioners Sanjeev Sarpal, Davinder Sarpal and Rahul Sarpal are accepted and orders dated 14.12.2010 and 17.12.2010 granting interim bail in favour of the petitioners are, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. January 03, 2011 (RAM CHAND GUPTA) gsv JUDGE