Crl. Misc. No.M-24925 of 2011 (O&M) Naib Singh and others Vs. State of Punjab Present : Mr. M.S. Khaira, Sr. Advocate with Mr. Dharminder Singh, Advocate for the petitioners. Mr. S.S. Gill, D.A.G., Punjab. ******* AJAY TEWARI, J. (ORAL) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in case F.I.R. No.102 dated 27.04.2011 registered under Sections 323, 324, 148, 149, 506 and 326 IPC at P.S. Patran, District Patiala. On 18.08.2011 the following contention was noticed:- “Learned counsel has argued that the injury attributed to petitioner No.1 was enhanced to Section 326 IPC and no injury has been attributed to petitioners No.2 and 3.” Learned Deputy Advocate General on instructions from ASI Nishan Singh has stated that as regards the petitioner No.1 the injury was enhanced to Section 326 IPC since the blow inflicted by the said petitioner resulted in a fracture. However, no injury has been attributed to petitioners No.2 and 3. Learned senior counsel has very fairly stated that the petitioners shall appear before the Investigating Officer. As regards the petitioner No.2 and 3, learned senior counsel has stated that the benefit of anticipatory bail may be granted to them and as regards the petitioner No.1, in case he is required for any legitimate purpose he will be arrested but he should not be arrested just because the case has been registered against him. I find this to be a fair request. Crl. Misc. No.M-24925 of 2011 (O&M) -2- In the circumstances, I deem it appropriate to grant the concession of anticipatory bail to the petitioners No.2 and 3. Ordered accordingly. In my opinion, the discretion to arrest the petitioner No.1 should be vested in the officer superior to the Investigating Officer. Petitioners are directed to appear before the DSP, Patran on 06.09.2011. On their appearance, they shall be released on bail to the satisfaction of the DSP, Patran subject to the conditions envisaged under Section 438(2) Cr.P.C.. As regards the petitioner No.1, in case he is not required for custodial interrogation in the opinion of the DSP, Patran, he shall also be released to his satisfaction subject to the conditions envisaged under Section 438(2) Cr.P.C.. Petition stands disposed of. ( AJAY TEWARI ) August 25, 2011 JUDGE ashish