IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 3845 of 2010(O&M) Date of Decision: 07.05.2010. Chander Bhan ...... PETITIONER Versus State of Punjab. ...... RESPONDENT CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. P.P.S.Duggal, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.160 dated 20.09.2009, under Sections 380/427/323/148/149/308 IPC, P.S. city Moga, District Moga. I have heard learned counsel for the parties and have gone through the whole record. This Court while issuing notice of motion on 26.03.2010 passed the following order:- CRM No.M-3845 of 2010 “Argues that petitioner is mentally retarded to the extent of 90%. It has been stated by learned counsel for the State that petitioner be directed to join investigation. Notice of motion for 07.05.2010. However, in the meantime, petitioner is directed to join the investigation on 08.04.2010 at 10.00 AM and thereafter as and when directed by the Investigating Officer and in case of his arrest, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.” It has been stated by learned counsel for the petitioner that petitioner has already joined the investigation pursuant to said order dated 26.03.2010. It has also been stated by learned counsel for the State, on instruction from HC. Gurdeep Singh, that petitioner has joined the investigation and that he is no more required for any custodial interrogation. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Chander Bhan is accepted and order dated 26.03.2010 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. The present petition stands disposed of accordingly. ( RAM CHAND GUPTA ) 2 CRM No.M-3845 of 2010 May 7, 2010. JUDGE 'om' 3