Crl.M.No. M-29882/2010(O&M) #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-29882/2010(O&M) Date of decision:12.11.2010. Mubin and others ....................Petitioners v. State of Haryana .....................Respondent Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Rajesh Garg, Advocate and Mr. Rakesh Dhiman, Advocate for the petitioners. Mr.Mahabir Sindhu, Addl.AG Haryana. Jaswant Singh.J.(Oral) Five petitioners, who were named as accused by the prosecutrix in case FIR No.416 dated 26.11.2009 under Sections 363/366-A/376(2)(g) IPC, P.S Sohna, District Gurgaon have approached this Court for grant of anticipatory/ pre arrest bail under Section 438 Cr.P.C. It is submitted that the complainant Mormal lodged the FIR stating that her daughter-Barfina was kidnapped and kept at the house of petitioner No.3-Anwari and was repeatedly raped by petitioner Nos.1,2,4 & 5 along with other non-applicants/co accused. Learned counsel points out that other non-applicants/co-accused have since been acquitted by the learned Additional Sessions Judge vide judgment dated 13.8.2010. He further points out to the statement of PW1- Crl.M.No. M-29882/2010(O&M) #2# Barfina wherein she has admitted that petitioner No.3-Anwari was not involved in the commission of offence as also petitioner Nos.1,2,4 & 5 had not committed rape on her. It is then contended that in view of such facts, petitioners, who though were declared proclaimed offenders on 28.9.2010, deserve the concession of pre-arrest bail. Learned state counsel, on instructions from ASI Abdula Khan, does not seriously refute the contention. He states that the petitioners have not yet joined investigation and that challan is yet to be presented against the petitioners. Learned counsel for the petitioner undertakes that the petitioners shall join the investigation as and when required. In view of such developments, petition is disposed of with a direction that in the event of their arrest, petitioners shall be released on pre arrest bail to the satisfaction of the Arresting/Investigating Officer. They shall join the investigation as and when called upon to do so and shall abide by the conditions as envisaged under Section 438 (2) Cr.P.C. 12.11.2010 (Jaswant Singh) manoj Judge