In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-15771 of 2010 (O&M) Date of decision: 5.8.2010 Kesar Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.H.S.Tuli, Advocate for Mr.S.S.Rangi, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. Mr.S.S.Swaich, Advocate for the complainant. **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.70 dated 2.4.2010, under Sections 380, 323, 148, 149 of the Indian Penal Code at Police Station Gobindgarh Mandi District Fatehgarh Sahib. While issuing notice of motion, the following order was passed by this Court on 26.5.2010:- “ Learned counsel for the petitioner has submitted that the complainant is not a tenant of the petitioner. Rather Raju is tenant of the petitioner and the complainant was residing with Raju. The articles had been kept in the tubewell room by the tenant and the Criminal Misc. No.M-15771 of 2010 (O&M) -2- complainant and have been got recovered from the said room by the police. Notice of motion for 12.7.2010. In the meantime, in the event of arrest, the petitioner be admitted to interim bail subject to the satisfaction of the Arresting Officer. He shall abide by the conditions envisaged under Section 438 (2) of the Code of Criminal Procedure.” Learned State counsel, who is assisted by learned counsel for the complainant, on instructions from ASI Sukhminder Singh, has submitted that the petitioner has joined investigation in terms of the order reproduced above and all the articles have been recovered. Learned counsel for the complainant, on the other hand, has opposed this petition. Keeping in view the fact that the petitioner has joined investigation and as per the learned State counsel, recovery has been effected from the petitioner, without expressing any opinion on the merits of the case, this petition is allowed and the order granting interim bail dated 26.5.2010 is made absolute. (SABINA) JUDGE August 05, 2010 anita