Crl. Misc. No. M – 36408 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 36408 of 2009 Date of decision:- 5.3.2010 Shri Krishan Kajal & Anr. ... Petitioners Versus State of Punjab ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. KDS Hooda, Advocate, for the petitioner. Mr. A.S.Brar, Sr. DAG, Punjab. Mr. Naveen S. Bhardwaj, Advocate, for the complainant. Gurdev Singh, J (oral) Heard. This petition under Section 438 of the Code of Criminal Procedure has been filed by Krishan Kajal and Sheela Kajal-petitioners for the grant of anticipatory bail in FIR No.150 dated 28.7.2009 registered in Police Station Zirakpur, District SAS Nagar Mohali, under Sections 420 and 120-B IPC, on the grounds mentioned therein. Vide order dated 23.12.2009, the interim anticipatory bail was granted to the petitioner No.2 subject to conditions contained in Section 438 (2) Cr.P.C. On the previous date, it was submitted by learned State counsel that the petitioner never came to join investigation. At the same time, it was submitted by learned counsel for the petitioner that she had gone to the Crl. Misc. No. M – 36408 of 2009 -2- police station, but she was not joined in the investigation. As such she was directed to join investigation on 28.1.2010 at 10.00 AM. It has been submitted by learned State counsel that she never turned up on the date to join investigation. Whereas contrary has been submitted by her counsel. The investigating officer is present with the police diary dated 28.1.2010. As per that dairy the investigating officer remained present in the police station on 28.1.2010 from 10.00 AM to 6.05 PM and waited for the petitioner, but she did not turn up. There is a violation of the conditions as incorporated in Section 438(2) Cr.P.C and the same dis-entitles the benefit of anticipatory bail to the petitioner. The petition is dismissed accordingly. March 5, 2010 (Gurdev Singh) tripti Judge