Crl. Misc. No. M-35125 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-35125 of 2009 DATE OF DECISION: February 04, 2010 Gurpal Singh .........PETITIONER(S) VERSUS State of Punjab ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Ms. Baljit Mann, Advocate, for the petitioner(s). Mr. G.G. Dhuriwala, A.A.G., Punjab. AJAI LAMBA, J. (ORAL) This petition has been filed under Section 438 Cr.P.C. for bail in case FIR No. 79 dated 15.11.2009 under Sections 307/148/149/120-B IPC and Section 25 of the Arms Act, P.S. Bhadaur, District Barnala. Learned counsel for the petitioner contends that maternal uncle of the petitioner was murdered. Gurpal Singh, the petitioner, is an eye witness in the said case. So as to put pressure on the petitioner, the petitioner has been implicated falsely in the present FIR. The petitioner has already joined investigation. The licensed weapon of the petitioner has been recovered, although from the co-accused, learned counsel further has pointed out that per se the incident would not indicate commission of offence under Section 307 IPC as none has been injured. Crl. Misc. No. M-35125 of 2009 2 Learned counsel for the respondent-State, on instructions from ASI Jiwan Singh, contends that indeed the petitioner is an eye witness in a case under Section 302 IPC. Nobody was injured in the incident. The petitioner has joined investigation. At the time of incident, the petitioner is stated to be accompanied by Jiwan Singh S/o Parshotam Singh and Harpreet Singh s/o Surinder Singh (petitioners in Crl. Misc. No. M-35689 of 2009) in a separate petition filed under Section 438 Cr.P.C. Considering the above, this petition is allowed and order dated 11.12.2009 is hereby made absolute subject to the following conditions:- i)the petitioner shall make himself available for interrogation as and when required; ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and iii)the petitioner shall not leave India without the previous permission of the Court. This order shall enure till 15 days after the filing of final report under Section 173 Cr.P.C., during which period the petitioner shall be required to seek regular bail. 04.02.2010 (AJAI LAMBA) shivani JUDGE