IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-21051 of 2009 Date of decision : August 20, 2009 Rajinder Kumar Jain ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Kanwaljit Singh, Senior Advocate with Mr. Manjul Sood, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab with Mr. Bhanu Pratap, Advocate, for the complainant L.N. Mittal, J. (Oral) Rajinder Kumar Jain has filed this petition for anticipatory bail in case FIR No. 90 dated 6.6.2009, under sections 440, 295-A, 298, 323, 148, 149 IPC, Police Station Model Town Hoshiarpur, District Hoshiarpur. I have heard learned counsel for the parties and perused the case file. According to the FIR, petitioner and his companions entered the property of complainant Swami Swatantra Nand and caused injuries to the complainant, his followers and some other saints and also threw away idols of Gods and damaged the vehicle of complainant's Ashram and pelted stones at the Samadhi. Criminal Misc. No. M-21051 of 2009 -2- Learned counsel for the petitioner vehemently contended that the petitioner was not present at the time of occurrence as per investigation by the police. Learned State counsel, on instructions from ASI Vijay Singh, states that the petitioner had gone to the spot in the morning whereas the occurrence took place at about 9.30 PM and the petitioner was not present at the spot at the time of occurrence as per investigation by the police. However, it is stated by learned State counsel that occurrence did take place and there is also video recording of the occurrence in which idols were thrown away. Learned counsel for the petitioner contended that the petitioner is in possession of the disputed land which is claimed by the complainant to be owned by him and the complainant has filed civil suit for possession thereof. Learned State counsel on instructions does not dispute this factual position. In view of the aforesaid but without meaning to express any opinion on the merits, the instant petition is allowed. In the event of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting Officer subject to the condition that the petitioner shall join the investigation as and when required by the police and shall abide by the conditions specified in section 438(2) of Code of Criminal Procedure. Presently, the petitioner is directed to join investigation on 27.8.2009 at 10.00 AM. ( L.N. Mittal ) August 20, 2009 Judge 'dalbir'