IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-4852 of 2009 Date of decision: 20th March, 2009 Hardev Singh @ Debi … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. P.S. Hundal, Senior Advocate with Mr. N.S. Sodhi, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioner incase FIR No. 69 dated 10.07.2004 registered at Police Station Bholath, District Kaputrhala under Sections 307, 326, 324, 323, 341, 506, 148, 149 IPC. Counsel for the petitioner has submitted that in the present case, occurrence has taken place on 5th July, 2004. FIR was registered against the petitioner on 10th July, 2004. Petitioner was declared innocent by the police and was placed in column No.2. Petitioner had left for New Zealand in April 2007 as he was not required by any authority having been found innocent. Counsel for the petitioner has submitted that petitioner has been summoned by the trial Court by invoking provisions of Section 319 Criminal Misc. No. M-4852 of 2009 Cr.P.C. on 2nd September, 2008. At that time, petitioner was abroad. Petitioner had returned to India on 20th January, 2009 and he immediately applied for pre-arrest bail in the Court of Sessions Judge, Kapurthala on 29th January, 2009. Bail application of the petitioner was rejected on12th February, 2009. Thereafter, he had approached this Court on 16th February, 2009. Counsel for the State has submitted that since investigating agency has declared the petitioner innocent, petitioner is not required by the investigating agency. Taking into consideration the submissions made by counsel for the petitioner, especially the fact that petitioner was declared innocent and has been summoned under Section 319 Cr.P.C., petitioner on appearance before the trial Court, shall be released on furnishing of adequate bail bonds to the satisfaction of the trial Court. Petitioner shall appear before the trial Court on or before 2nd April, 2009. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE March 20, 2009 rps 2