IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-8011 of 2009 Date of decision: 18th April, 2009 Mangi Ram @ Manu and another … Petitioners Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. A.K. Khunger, Advocate for the petitioners. Mr. Anter Singh Brar, Deputy Advocate General Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioners in case FIR No. 185 dated 30.08.2008 registered at Police Station Sadar, Abohar, District Ferozepur under Sections 304, 148, 149 IPC. On March 24, 2009, this Court had passed the following order: “Counsel has stated at bar that Rana, who had brought the match-box and had put the Swift car on fire, is another person and none of the petitioners has got alias name as ‘Rana’. Counsel has further relied upon the order passed in Criminal Misc. No.M-2990 of 2009 titled as ‘Om Parkash v. State of Punjab’ decided on 20th February, 2009. The order in that case reads as under: ‘On February 2, 2009, this Court had passed the following order: ‘It is submitted that no specific role has been assigned to the petitioner though the mob Criminal Misc. No. M-8011 of 2009 had gathered there and thrown brick bats and put the car on fire. Counsel further submits that Vijay Pal alias Rai Sahib has been granted regular bail. It is further submitted that the person who died belong to the members of the mob, therefore, Section 304 IPC is not attracted qua the petitioner. Issue notice to learned Advocate General, Punjab, for 20.2.2009. Meanwhile, in the event of arrest, petitioner shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioner shall join investigation as and when called for. Petitioner shall also abide by the conditions specified under Section 438(2) Cr.P.C.’ Mr. Mehardeep Singh, AAG Punjab on instructions from HC Balwinder Singh, Police Station Abohar, states that petitioner has joined the investigation and he is no longer required for further custodial interrogation. For the reasons stated in order dated February 2, 2009 and in view of the statement made by counsel for the State, interim bail granted to the petitioner Om Parkash vide order dated February 2, 2009 is made absolute till submission of report under Section 173 Cr.P.C. (challan). Thereafter, his prayer for regular bail shall be decided by the trial Court on merits. With these observations, present petition is disposed off. Co-accused of Om Parkash has filed Criminal Misc. No.M-4851 of 2009. Since Investigating Officer is present in Court to assist the counsel for the State, therefore Criminal Misc. No.M-4851 of 2009 is also taken up along with Criminal Misc. No.M-2990 of 2009. Counsel for the State has stated that the role of the petitioner is identical and pre-arrest bail can be granted to the petitioner. 2 Criminal Misc. No. M-8011 of 2009 Accordingly, accused Ram Saroop is granted pre- arrest bail till presentation of report under Section 173 Cr.P.C. (Challan), subject to his joining investigation. Thereafter, his application for regular bail shall be decided by the trial Court on merits of the case. In view of this, Criminal Misc. No.M-4851 of 2009 is also disposed off along with Criminal Misc. No.M- 2990 of 2009.’ Issue notice of motion for 18th April, 2009. In the event of arrest, petitioners shall be released on interim bail to the satisfaction of the arresting officer. However, petitioners shall join investigation as and when called for. Petitioners shall abide by the conditions specified under Section 438 (2) Cr.P.C.” Counsel for the State, on instructions from Head Constable Harnek Singh, has stated that petitioners have joined the investigation and they are no longer required for further custodial interrogation. For the reasons stated in order dated March 24, 2009 and in view of the statement made by counsel for the State, interim bail granted to the petitioners vide order dated March 24, 2009 is made absolute till submission of report under Section 173 Cr.P.C. (challan). Thereafter, their prayer for regular bail shall be decided by the trial Court on merits. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE April 18, 2009 rps 3