IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. Crl. Misc. No. M- 25585 of 2010(O&M) Date of Decision: September 23, 2010. Dev Singh @Baldev Singh ...... PETITIONER(s) Versus State of Punjab ...... RESPONDENT(s) 2. Crl. Misc. No. M- 26594 of 2010(O&M) Jaswinder Singh @Chhinda and others. ...... PETITIONER(s) Versus State of Punjab ...... RESPONDENT(s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. J.S.Brar, Advocate for the petitioners. Ms. Bhavna, D.A.G., Punjab. Complainant in person with Mr. Hem Raj Bhardwaj, Advocate. ***** RAM CHAND GUPTA, J.(Oral) CRM No.M-25585 of 2010 Both the aforementioned petitions have been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.51 dated 01.07.2010 under Sections 307/324/323/34 IPC, registered at Police Station Kotbhai, District Sir Muktsar Sahib. I have heard learned counsel for the parties and have gone through the whole record. This Court while issuing notice of motion in Crl.M.No.M-25585 of 2010 on 01.09.2010 passed the following order:- “Crl.M.No.45612 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-25585 of 2010 Contends that it is a case of version and cross-version and that dispute between the parties has since been compromised as parties are neighbours. Notice of motion for 23.9.2010. However, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.” It has been stated by learned counsel for the petitioners that petitioner -Dev Singh @Baldev Singh has already joined the investigation pursuant to said order dated 01.09.2010. It has also been stated by learned counsel for the State that petitioner –Dev Singh @Baldev Singh has joined the investigation and that he is no more required for any custodial interrogation. So far as petitioners-accused, Jaswinder Singh @Chhinda, Jagshir Singh and Lakhvir Singh are concerned, it has been stated by learned counsel for the petitioners that they are ready to join the investigation. 2 CRM No.M-25585 of 2010 It has been stated by learned counsel for the State that they be directed to join the investigation and that they are not required for any custodial interrogation keeping in view the fact that dispute between the parties has since been settled. Complainant, who is present in the court with his counsel, stated that dispute has since been settled due to intervention of respectable persons of the village and relatives from both the sides. There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Dev Singh @Baldev Singh is accepted and order dated 01.09.2010 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. Petitioners, Jaswinder Singh @Chhinda, Jagshir Singh and Lakhvir Singh are directed to join the investigation and in case they are arrested, they shall be released on bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438 (2) Cr.P.C. Both the petitions stand disposed of accordingly. ( RAM CHAND GUPTA ) September 23, 2010. JUDGE 'om' 3