Crl.M.No.M-25982 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-25982 of 2010 (O&M) Date of Decision: September 8, 2010 Balwinder Singh alias Binder .....Petitioner v. The State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.SPS Sidhu, Advocate for the petitioner. ...... RAM CHAND GUPTA, J.(Oral) Crl.M.No.46308 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-25982 of 2010 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in complaint case No.IPC 3/12/1/2010, titled as State v. Amar Singh and others, under Sections 420, 120-B, 193, 194, 195, 196 IPC, pending in the Court of Illaqa Magistrate, Barnala. I have heard learned counsel for the petitioner and have gone through the whole record carefully. This is a second application for anticipatory bail filed on behalf of the petitioner on the same facts. The first application for anticipatory bail bearing Crl.M.No.M-17351 of 2010, after arguing for sometime, was withdrawn by counsel for the petitioner and, however, on his request, petitioner was permitted to surrender before learned trial Court on the date fixed, i.e., 24.7.2010 and to apply for regular bail. Learned trial Court was also directed to decide the application on the same day on merits after giving notice to the State. Another application was moved on behalf of the petitioner requesting for extension of time to surrender before learned trial Court on the plea that he could not surrender on the date fixed, as he could not get the Crl.M.No.M-25982 of 2010 (O&M) -2- copy of the order and hence on the request of counsel for the petitioner, time was extended upto one week vide order dated 20.8.2010, passed in Crl.M.No.42108 of 2010 in Crl.M.No.M-17351 of 2010 and petitioner was again permitted to surrender before learned trial Court and apply for regular bail. Learned trial Court was also directed to decide the application for regular bail on merits, on the same day after giving notice to the State. However, instead of complying with the orders passed by this Court, another application for anticipatory bail on the same facts has been filed. Petitioner-accused was summoned by learned Judicial Magistrate Ist Class in a complaint filed by Additional District and Sessions Judge, Barnala, on the directions of this Court. Petitioner-accused is brother of Jagsir Singh, who was stated to have been murdered and for whose murder, Nachhattar Singh, Sira alias Jagsir Singh, Amarjeet Singh, Nikka Singh and Surjeet Singh were convicted and sentenced. However, he was alive. There are allegations of criminal conspiracy between present petitioner and co-accused to falsely implicate the aforesaid persons in that case. Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused. Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner- Balwinder Singh alias Binder for grant of anticipatory bail is, hereby, dismissed being devoid of any merit. 8.9.2010 (Ram Chand Gupta) meenu Judge