IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.28251-M of 2008 DATE OF DECISION : DECEMBER 17, 2008 SARABJIT SINGH @ PRINCE ....... PETITIONER(S) VERSUS STATE OF PUNJAB .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Kuldip Sanwal, Advocate, for the petitioner(s). Mr. HS Brar, DAG, Punjab. AJAI LAMBA, J. (Oral) This petition under Section 438, Code of Criminal Procedure, seeks bail in FIR No.22 dated 16.1.2008 under Sections 307, 324, 341, 506, 201, 34, Indian Penal Code, Police Station, Kotwali, Patiala. Learned counsel for the petitioner contends that the petitioner was arrested and, thereafter, was released on regular bail. After 5-1/2 months of lodging of the FIR, Sections 307/201, Indian Penal Code, have been added, whereupon the petitioner apprehends arrest. Since, in the context of the incident, the petitioner was arrested and released on bail, invoking of Sections 307/201, Indian Penal Code, at a belated stage would not entitle the Investigating Officer to arrest the petitioner. Considering the facts and circumstances of the case, the Criminal Misc.28251-M of 2008 2 petition is allowed. Order dated 10.11.2008 is hereby made absolute and it is directed that in the event of arrest, the petitioner shall be enlarged on bail on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions :- i) the petitioner shall make himself available for interrogation as and when required; ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and iii)the petitioner shall not leave India without the previous permission of the Court. This order shall enure till 10 days after the petitioner receives a notice of filing of final report u/s 173, Cr.P.C, within which period, the petitioner would be at liberty to apply for regular bail. December 17, 2008 ( AJAI LAMBA ) Kang JUDGE Criminal Misc.28251-M of 2008 3