CRM No. M-7904 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-7904 of 2011 (O&M) Date of decision: 07.04.2011 Ibrahim Ali ....Petitioner Versus State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Sanjay Vashisth, Advocate, for the petitioner. Mr. Gaurav Dhir, DAG, Haryana. 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) Learned counsel for the petitioner states that initially case was registered against the petitioner along with other co-accused for offences punishable under Sections 323, 325/34 of the Indian Penal Code. Petitioner was enlarged on bail by the SDJM on 31.8.2010. He states that during the investigation, Section 307 IPC was also added against the petitioner. Learned counsel for the petitioner has vehemently argued that in view of the judgment of this Court in the matter of Sonu @ Rinku @ Lambu Vs. State of Punjab, Crl. Misc. No. M-5923 of 2011 decided on 24.2.2011 petitioner is entitled to be enlarged on bail on furnishing of fresh bail bonds for the newly added Section. Mr. Gaurav Dhir, learned Deputy Advocate General, Haryana, states that since Section 307 IPC has been added against the petitioner, therefore, petitioner has to seek regular bail for the offence punishable CRM No. M-7904 of 2011 (O&M) -2- under Section 307 IPC This Court in the matter of Sonu @ Rinku (supra) having placed reliance on the judgment of Allahabad High Court in the matter of Raj Kumar Vs. State of U.P., 2005 Cri.L.J., 1378 has taken a view that if accused is on bail and during the investigation another Section is added for which minimum sentence is not life imprisonment or death, then accused is entitled to be enlarged on bail on furnishing fresh bonds (personal and sureties) for the newly added Section. Considering totality of the facts and circumstances of the case, petition is allowed. Let petitioner be released on bail on furnishing of personal bond and two sureties bonds to the satisfaction of learned SDJM, Kosli. (Alok Singh) Judge April 07, 2011 R.S.