In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-18300 of 2010 (O&M) Date of decision: 12.7.2010 Sanjay @ Sanju ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.J.S.Hooda, Advocate, for the petitioner. Mr.Satyavir Singh Yadav, AAG, Haryana. **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.298 dated 8.8.2009, under Section 307 of the Indian Penal Code and Section 25 of the Arms Act, 1959 registered at Police Station Sadar Palwal. Initially the complainant lodged the FIR that while he was present in the restaurant at about 8.30 a.m., Satpal @ Ajay and Jai Parkash came to the spot and at the instigation of Jai Parkash, Ajay fired 2-3 shots at him. Thereafter, supplementary statement of the complainant was recorded on the same day, wherein, he stated that Ajay had fired shots at him at the instigation of Sanjay @ Sanju- petitioner. Criminal Misc. No.M-18300 of 2010 (O&M) -2- Learned counsel for the petitioner has submitted that the petitioner was not initially named in the FIR. The petitioner is a Government employee and had never been served with any notice nor was joined during investigation but is now sought to be arrested. Learned State counsel, on the other hand, has opposed this petition. Keeping in view the fact that the petitioner was not initially named in the FIR and, in fact, at the initial stage, the complainant had specifically stated in the FIR that Ajay had fired the shots at the instigation of Jai Parkash, it would be just and expedient to grant anticipatory bail to the petitioner. The fact that whether the petitioner had also participated in the alleged crime or not would more appropriately be gone into and considered during trial. In these circumstances, this petition is allowed. In the event of arrest, the petitioner be admitted to bail subject to his furnishing personal bonds and surety to the satisfaction of the Arresting Officer. The petitioner is directed to join investigation as and when required by the Investigating Officer and shall not tamper with the prosecution evidence and shall not leave the country without prior permission of the Court. (SABINA) JUDGE July 12, 2010 anita