CRM-M 37315 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M 37315 of 2010 (O&M) Date of decision: 13.01.2011 Gurjant Singh and another ....Petitioners Versus State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Parminder Singh-I, Advocate, for the petitioners. Mr. Gaurav Dhir, DAG, Haryana. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) This is a petition seeking anticipatory bail in cross version of FIR No.149 dated 29.7.2010 under Sections 323/307/148/149 of the Indian Penal Code and under Sections 25/54/59 of the Arms Act registered at Police Station Kalanwali, District Sirsa. Mr. Parminder Singh, learned counsel for the petitioners, has vehemently argued that against the co-accused in a cross version, police has submitted challan under Section 285 read with Sections 323/148/149 of the Indian Penal Code. He has argued that no challan has been submitted by the police against the co-accused under Section 307 IPC. Mr. Parminder Singh has further stated that till date no challan has been presented against the petitioners. Mr. Gaurav Dhir, learned Deputy Advocate General, Haryana, CRM-M 37315 of 2010 (O&M) -2- on instructions of H.C. Mohinder Singh, who is personally present in the Court, has stated that investigation is still going on against the present petitioners. He has further argued that role attributed to the petitioners is shooting by fire-arm. Mr. Parminder Singh, learned counsel for the petitioners, has further argued that police has opined in the challan filed against the other co-accused in the cross version that alleged fire-arm injury on the body of the injured seems to be self-inflicted injury, hence no injury can be said having been caused by the petitioners by their weapons, hence no recovery is required to be made from the petitioners. Considering total facts and circumstances of the case present petition is allowed. It is directed that in the event of arrest of the petitioners they shall be released on bail by the Court/arresting officer on furnishing personal bond and one surety of Rs.20,000/- each to the satisfaction of the Trial Court/Investigating Officer subject to the conditions mentioned under Section 438(2) Cr.P.C. However, it is clarified that petitioners shall participate in the investigation as and when they are required by the Investigating Officer to do so. (Alok Singh) Judge January 13, 2011 R.S.