IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Date of Decision: May 12, 2010 1. Criminal Miscellaneous No. M-6534 of 2010 Hakam Singh .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . 2. Criminal Miscellaneous No. M-10094 of 2010 Labh Singh .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. M.S. Khaira, Senior Advocate, with Mr. Dharminder Singh, Advocate, for the petitioner. Ms. Rajni Gupta, Additional Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) This shall dispose of two petitions Crl. Misc. No. M-6534 of 2010 [2] viz. Criminal Miscellaneous No.M-6534 of 2010 titled `Hakam Singh vs. State of Punjab’ and Criminal Miscellaneous No.M-10094 of 2010 titled `Labh Singh vs. State of Punjab’. The petitions have been filed under Section 438 Cr.P.C. for grant of anticipatory bail to petitioners Hakam Singh and Labh Singh in case FIR No.130 dated 20.9.2005 under Sections 302, 307, 148, 149, 120-B IPC read with Sections 25 & 27 of Arms Act, registered with Police Station, Lehra, District Sangrur. It transpires that after investigation, petitioners Hakam Singh and Labh Singh were found innocent as no incriminating material could be found against them by the investigating agency. As such, the two persons were shown in column No.2 of the report filed under Section 173 Cr.P.C. During the course of trial however, an application for summoning the said two persons, alongwith others, was filed under Section 319 Cr.P.C. The Trial Court dismissed the application. A revision was carried to this Court namely Criminal Revision No.1734 of 2007 titled `Babu Singh vs. State of Punjab & Others’. Vide Order dated 8.12.2009 passed by this Court, the order passed by the Trial Court has been Crl. Misc. No. M-6534 of 2010 [3] reversed in regard to Hakam Singh and Labh Singh. It has been directed that Hakam Singh and Labh Singh shall stand trial as additional accused alongwith other accused. Since there is opinion of innocence already available on record i.e. by way of investigation report and further the entire investigation stage is over, the petitions are allowed. The petitioners are directed to appear before the Trial Court within 10 days from today. The petitioners shall not be taken in custody and shall be released on bail. It is specifically directed that the petitioners shall continue to appear as and when required by law and shall not cause delay in the trial process. (AJAI LAMBA) May 12, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?