Crl. Misc. No. M-9129 of 2011(O&M) -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M-9129 of 2011(O&M) Date of decision:- March 29, 2011 Surinder Kumar ... Petitioner Versus State of Punjab ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. S.P.S.Sidhu, Advocate, for the petitioner. Gurdev Singh, J (oral) Heard. This petition under Section 438 of the Code of Criminal Procedure has been filed by Surinder Kumar @ Narinder Kumar @ Laddi petitioner/accused, for the grant of anticipatory bail during the trial in the event of his arrest in FIR No.95, dated 30.6.2009, registered under Sections 326, 323, 447, 511, 148 and 149 IPC, in Police Station City Jalalabad, District Ferozepur. Previously also, petition under Section 438 of the Code was filed by the petitioner, which was decided vide order dated 25.2.2011. He was allowed the anticipatory bail, but that order was to remain in operation till the decision of the application for regular bail, which was to be filed by him at the time of presentation of challan against him in the trial Court. It has been recently held by Hon'ble Supreme Court in Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2011 Crl. Misc. No. M-9129 of 2011(O&M) -2 (1)RCR (Criminal) 126 that the bail granted under Section 438 of the Code by the Court ordinarily should be continued till the trial of the case and the accused need not surrender and apply for regular bail. Therefore, the order granting the anticipatory bail to the petitioner was to remain in operation till the conclusion of the trial. Technically speaking the petitioner should have filed an application for the issuance of such a direction as anticipatory bail had already been granted to him, instead of filing a fresh petition. However, technicalities are not to stand in the way of the Court. Therefore, the order dated 25.2.2011 is modified to the effect that the anticipatory bail so granted to the petitioner shall continue till the conclusion of the trial Court. March 29, 2011 (Gurdev Singh) tripti Judge