Criminal Misc. No. M-4863 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-4863 of 2010 Date of decision : 26.04.2010 Arshad and others ....Petitioners V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Satish Chaudhary, Advocate for the petitioners. Mr. Deepak Jindal, Deputy Advocate General, Haryana. RAJAN GUPTA J. (ORAL) This is a petition under Section 438 Cr.P.C. for pre-arrest bail in a case registered against the petitioners vide FIR No. 130 dated 10.07.2009 under Sections 148, 149, 323, 324, 325, 326, 506 & 307 IPC at Police Station Nagina, District Mewat. Learned counsel for the petitioners submits that all the petitioners were earlier granted anticipatory bail by this court in Crl. Misc. No. M-19921 of 2009. According to him, Section 307 IPC has been added later on and petitioners are sought to be arrested in view of addition of offence under said section. He further contends that injury which has been declared dangerous to life is not attributed to any of the petitioners. Learned State counsel has, however, opposed the prayer for bail on the ground that allegations against the petitioners are serious in nature. He, however, does not dispute the fact (on instructions from ASI Lachhman Singh, who is present in court) that injury attracting offence under Section Criminal Misc. No. M-4863 of 2010 2 307 IPC is not attributed to the petitioners. I have heard counsel for the parties. It is evident that all the petitioners were earlier granted pre- arrest bail by this court. The offence under Section 307 IPC has been added later on. This apart the petitioners have already joined the investigation and there is no allegation that they are not cooperating with the investigating agency. Under the circumstances, the present petition for pre-arrest bail is allowed. It is directed that in event of arrest, the petitioners shall be released on bail by the Investigating Officer. The petitioners shall join the investigation as and when called upon to do so by the Investigating Officer. The petitioners shall also comply with the conditions as envisaged under Section 438(2) of the Code of Criminal Procedure. April 26, 2010 (RAJAN GUPTA) Ajay JUDGE