Crl. Misc No. M 24447 of 2011 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M 24447 of 2011 Date of decision : August 30, 2011 Jaimal Singh, ...... Petitioner v. State of Punjab ...... Respondent *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. G.S.Verma, Advocate for the petitioner. Mr.S.S.Gill, DAG Punjab *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) The petitioner seeks grant of anticipatory bail in case FIR No.46, dated 31.7.2010, registered under Sections 323, 324, 326, 307, 148, 149 of the IPC, at Police Station Dhilwan, District Kapurthala. On 19.8.2011, the following order was passed :- “ Learned counsel states that after the dismissal of the previous petition on 11.3.2011 the matter was inquired into by the Punjab Human Rights Commission and by report dated 20.07.2011 submitted by the ADGP to the said Commission it has been stated that the said FIR was wrongly recorded.” Counsel for the respondent, on instructions from SI Sukhwinder Singh, has accepted the fact that the report dated 20.7.2011 has been submitted by the ADGP to the Punjab Human Rights Commission but Crl. Misc No. M 24447 of 2011 ::2:: states that the only final conclusion drawn by the ADGP is that Section 307 of the IPC was not made out and not that no offence had taken place. A perusal of the said report reveals that it has been stated in the report that the innocence of the present petitioner cannot be ruled out. Once some doubt has been cast, benefit thereof, in the considered opinion of this Court, must go to the accused. In this view of the matter, I deem it appropriate to grant the concession of anticipatory bail to the petitioner. Consequently, the petitioner is directed to appear before the Investigating Officer on 9.9.2011 or on any other date on which he requires the presence of the petitioner, and in the event of his appearance, the petitioner shall be released on anticipatory bail by the Investigating Officer to his satisfaction subject to the conditions as laid down in Section 438(2) of the Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) August 30, 2011. JUDGE `kk'