CRM-M 4957 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M 4957 of 2011 (O&M) Date of decision: 14.03.2011 Madan Lal ....Petitioner Versus State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Sanjiv Gupta, Advocate, for the petitioner. Ms. Bhavna Gupta, DAG, Punjab. Mr. Sherry K. Singla, Advocate, for the complainant. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) This is an application seeking anticipatory bail in case FIR No.302 dated 26.8.2010 under Sections 323/341/34/406/498-A of the Indian Penal Code, Police Station Kotwali, Patiala. Record reveals that petitioner was enlarged on bail for an offence punishable under Section 323/341/34 IPC, however during the investigation Section 406/498-A IPC were added. This Court vide order dated 16.2.2011 has granted interim bail to the petitioner. Ms. Bhavna Gupta, learned Deputy Advocate General, Punjab, on instructions of ASI Gurmail Singh,, who is present personally in Court, has stated that petitioner has joined the investigation. Mr. Sherry K. Singla, learned counsel for the complainant, has vehemently opposed the bail application by contending that some of the CRM-M 4957 of 2011 (O&M) -2- dowry articles are yet to be recovered and since petitioner has given beating to the wife/injured, therefore, he is not entitled for the extra- ordinary discretion of this Court. Hon'ble Apex Court in the matter of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others, 2011(1) RCR(Criminal) 126, has held that indiscriminate and irrational arrest must be avoided. Custodial interrogation seems to be unjustified nor it is prayed by the prosecution. Considering totality of the facts and circumstances of the case, petition is allowed. Order dated 16.2.2011 is made absolute, subject to the conditions mentioned under Section 438(2) Cr.P.C. However, it is clarified that petitioner shall keep on co-operating in the investigation and if he fails to do so, Investigating Officer shall be at liberty to get the bail cancelled. (Alok Singh) Judge March 14, 2011 R.S.