Criminal Misc. No. M-17799 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-17799 of 2010 Date of decision : 01.03.2011 Devender Parkash and others ....Petitioners V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sudhir Sharma, Advocate for the petitioners. Mr. Tarun Aggarwal, Sr. Deputy Advocate General, Haryana. Mr. Anmol Rattan Sidhu, Sr. Advocate with Mr. Vishal Deep, Advocate for the complainant. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioners vide FIR No. 195 dated 09.06.2010 under Sections 148, 149, 323, 427, 506, 307 IPC and Section 25/54/59 of the Arms Act at Police Station Punhana, District Mewat. Learned State counsel submits that the inquiry pending in the matter has already been completed and the prosecution intends to prosecute the petitioners for the offences alleged in the FIR. He further submits that pursuant to ad-interim pre-arrest bail granted by this court all the petitioners except petitioner No. 3 (Dalip) have joined the investigation. According to him, petitioner No. 3 (Dalip) is still absconding. Criminal Misc. No. M-17799 of 2010 2 A perusal of order dated 28.06.2010 shows that concession of ad-interim pre-arrest bail was not extended to petitioner No. 3 and he was absconding. In view of the above, order dated 28.06.2010 is hereby made absolute qua petitioners No. 1, 2 and 4 to 7 subject to the conditions as envisaged under Section 438(2) Cr.P.C. However, petition stands dismissed in respect of petitioner No. 3 and investigating agency is at liberty to arrest him. March 01, 2011 (RAJAN GUPTA) Ajay JUDGE