Crl. Misc. No. M- 32630 of 2008 Baljit Kumar @ Bangar vs. State of Punjab Present: Mr.Deepak Gupta, Advocate for Mr.Yogesh Goel, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab **** While issuing notice of motion, the following order was passed by this Court on 10.12.2008:- “This petition has been filed under Section 438 of the Cr.P.C. for grant of anticipatory bail in case FIR No. 122 dated 25.8.2006, under Sections 324, 323, 307, 34 IPC (offences under Sections 452, 148, 149 IPC later on deleted) lodged with Police Station Baibowal, District Ludhiana. Learned counsel contends that after investigation, challan was filed while indicating culpability of Sonu Kumar and Soma under Sections 307, 324, 323, 34 IPC. The petitioner was not sent up for trial as no incriminating material could be collected against him. During the course of trial, Lata wife of complainant was examined as PW-1. Complainant, Gurpreet Singh appeared as PW-2. The complainant had to be declared hostile as he did not support the case of the prosecution. On the basis of material that has come before the Trial Court during trial, the petitioner has been summoned as additional accused under Section 319 Cr.P.C. vide order dated 7.1.2008. It is in this view of the fact that the petitioner apprehends arrest. Crl. Misc. No. M- 32630 of 2008 -2- Considering the facts and circumstances of the case, issue notice of motion for 24.2.2009. In the meantime, the petitioner is required to put in appearance before the Trial Court within two weeks from today or the date fixed by the Trial Court, whichever is earlier. The petitioner, however, shall not be taken in custody and shall be released on interim bail” Learned counsel for the petitioner has submitted that in terms of the order reproduced above, the petitioner has surrendered before the trial Court. Accordingly, this petition is allowed and the order granting interim bail dated 10.12.2008 is made absolute. (SABINA) JUDGE February 24, 2009 anita