CRM No. M-6591 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-6591 of 2011 (O&M) Date of decision: 31.03.2011 Amandeep Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Yashpal Markan, Advocate, for Mr. R.K. Gupta, Advocate, for the petitioner. Mr. K.D. Sachdeva, Addl. A.G., Punjab. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Present petition is filed seeking anticipatory bail in case FIR No.262 dated 25.12.2009 under Sections 307/323/506/34 of the Indian Penal Code, Police Station Sadar, Ludhiana. Learned counsel for the petitioner has argued that petitioner has not been attributed any injury and he was not said to be armed with any weapon. Learned counsel for the petitioner has further argued that even father of the petitioner who was attributed lalkara, has already been released on anticipatory bail. Mr. K.D. Sachdeva, learned Additional Advocate General, Punjab, on the instructions of ASI Balbir Singh, who is present in the Court, states that only role attributed to the petitioner is that he was driving the car in which other accused were sitting and have fired the CRM No. M-6591 of 2011 (O&M) -2- shots. On being asked, Investigating Officer has replied that petitioner is not said to have fired any shot. Mr. Sachdeva, learned Additional Advocate General, Punjab, on the instructions of ASI states that proceedings to declare the petitioner proclaimed offender were initiated on 28.3.2011 after the filing of the present anticipatory bail petition and order of this Court issuing notice of motion dated 7.3.2011. Hon'ble Apex Court in the matter of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others, 2011(1) RCR(Criminal) 126, has observed that irrational and indiscriminate arrest must be avoided. Considering totality of the facts and circumstances of the case, present petition is allowed. Let petitioner be released on bail to the satisfaction of learned trial Court subject to the condition under Section 438(2) of the Code. Petitioner shall join investigation as and when he is required to do so. However, it is clarified that if petitioner does not join the investigation despite of the call by the investigating officer, prosecution shall be at liberty to move for cancellation of the bail. (Alok Singh) Judge March 31, 2011 R.S.