IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 28055 of 2010(O&M) Date of Decision: October 14, 2010. Mehar Singh and others. ...... PETITIONER(s) Versus State of Punjab and another. ...... RESPONDENT(s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. G.S.Punia, Advocate for the petitioners. Mr. Anter Singh Brar, Sr.D.A.G., Punjab Mr. H.P.S.Ghuman, Advocate for respondent No.2. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in complaint case No. 30T/21.9.2006/23.3.2009, under Sections 452/323/504/506/34 IPC, titled as ‘Hardip Kaur v. Mehar Singh and others’ pending in the court of Judicial Magistrate First Class, Amloh. CRM No.M-28055 of 2010 I have heard learned counsel for the parties and have gone through the whole record. This Court while issuing notice of motion on 23.09.2010 passed the following order:- “Crl.M.No.50117 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-28055 of 2010 Contends that earlier Kalendra under Sections 107, 151 Cr.P.C. was registered against the petitioners-accused and however, they were discharged and regarding the same incident the present complaint has been filed. Further contends that all the offences except offence under Section 452 IPC are bailable one. Further contends that application for anticipatory bail of petitioners-accused has been dismissed by learned Sessions Judge, Fatehgarh Sahib, merely, on the ground that the same is not maintainable. Further contends that however, petitioners are having apprehension of their being not admitted to bail by learned trial court on appearance, as non bailable warrants have been issued against them. Notice of motion for 14.10.2010. However, in the meantime, petitioners are directed to appear before learned trial court within two weeks from today and if he so appear and apply for regular bail, they be admitted to interim bail by learned trial Court subject to any conditions that may deem to be imposed by it.” It has been stated by learned counsel for the petitioners that they have already appeared before learned trial Court pursuant to said order and admitted to interim bail by learned trial Court on 27.09.2010. Copy of the said order has also been placed on record. Learned counsel for the State has not disputed these facts. 2 CRM No.M-28055 of 2010 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 application filed on behalf of Mehar Singh, Amar Singh and Mukhtiar Kaur is accepted and order dated 23.09.2010 granting interim bail in favour of the petitioners is, hereby, made absolute subject to any conditions that may be imposed by learned trial Court. The present petition stands disposed of accordingly. ( RAM CHAND GUPTA ) October 14, 2010. JUDGE 'om' 3