Criminal Misc. No. M-9244 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-9244 of 2008 Date of Decision: 6.8.2008 Chand …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Deepak Aggarwal, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the respondent-State. Kanwaljit Singh Ahluwalia, J. (Oral) A Co-ordinate Bench of this Court, on 10.4.2008 passed the following order:- “Present: Mr. Veneet Sharma, Advocate for the petitioner. The learned counsel for the petitioner contends that as per allegations in the FIR, the petitioner along with others entered into the house of the complainant and took away Rs.5500/- at the pistol point and as a matter of fact, the brother of the petitioner had entered into oral agreement with the complainant to purchase his house and as a pressure tactic, the complainant got registered the Criminal Misc. No. M-9244 of 2008 2 case. Notice of motion for 12.05.2008. Meanwhile arrest of the petitioner is stayed with a direction to join the investigation as and when called by the Investigating Officer. In the event of arrest, the petitioner will be admitted to bail by the Investigating Officer. The petitioner will abide by the conditions as enshrined under Section 438(2) Cr.P.C. He will also surrender his passport, if any, before the Investigating Officer. Sd/- (HARBANS LAL) JUDGE April 10, 2008” It is a consistent stand of the Investigating Agency that the petitioner has not joined the investigation whereas it has been urged by the petitioner that the Investigating Agency is not facilitating joining of the petitioner despite his best efforts to join the investigation. In view of the facts and circumstances of the case, order dated 10.4.2008 granting pre-arrest bail to the petitioner is made absolute till submission of report under Section 173 Cr.P.C. Thereafter, the petitioner shall be permitted to file regular bail bonds to the satisfaction of the appropriate Court. Since the Investigating Agency has a grievance that the petitioner is not joining investigation, it is directed that the petitioner shall appear in the Court of learned Chief Judicial Magistrate, Amritsar on 18.8.2008. The Investigating Officer shall also Criminal Misc. No. M-9244 of 2008 3 be present at that time. The Court of learned Chief Judicial Magistrate, Amritsar, shall allow the petitioner to accompany the Investigating Officer and thereafter the petitioner shall be released by the Investigating Agency at 5.00 P.M. In case the Investigating Agency require the petitioner for more interrogation, an application to this effect shall be filed in the Court of C.J.M. Amritsar. With these observations, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge August 6, 2008 “DK”