Crl. Misc. No. M-9768 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-9768 of 2011 (O&M) Date of decision : 27.5.2011 Kehar Singh and others ...Petitioners Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. B.S. Tewatia, Advocate for the petitioners. Mr. Siddharath Sarup, Dy. Advocate General, Haryana. Rajan Gupta, J. This is a petition under Section 438 Cr.P.C. seeking pre- arrest bail in a case registered against the petitioner under Sections 148, 149, 323, 307, 506 IPC and 25 of the Arms Act at Police Station Hathin, District Palwal, vide FIR No.239 dated 9th July, 2010. Learned State counsel at the outset submits that pursuant to order dated April 08, 2011, petitioners No.2, 3, 5 and 6 have joined the investigation and are no longer required for custodial interrogation. He, however, submits that Kehar Singh and Gyan Chand have actively participated in the crime and they were armed with country made pistols and fired at Hari. He has referred to affidavit of Rajbir Singh, Dy. Superintendent of Police, Hathin filed today. According to him, the said weapons are to be recovered from Kehar Singh and Gyan Chand. In view of above, the interim order dated April 08, 2011 is hereby made absolute qua petitioners No.2, 3, 5 & 6, subject to the conditions as envisaged under Section 438 (2) Cr.P.C. However, Kehar Crl. Misc. No. M-9768 of 2011 2 Singh and Gyan Chand, petitioners No.1 & 4 are not entitled to the concession of pre-arrest bail. The petition qua them is devoid of merit and the same is hereby dismissed. (RAJAN GUPTA) JUDGE 27.5.2011 'rajpal'