IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-20610 of 2009 (O&M) Date of decision : 10.9. 2009 Baljinder Singh @ Jinda ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.V.K.Sandhir, Advocate for the petitioner. Mr.B.B.S.Teji, AAG, Punjab. ..... MAHESH GROVER, J. This is a petition under Section 438 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.62 dated 19.6.2008 under Sections 324/323/326/34 IPC, at Police Station Sarhali, District Tarn Taran. The petitioner was facing the proceedings under Sections 323, 324, 34 IPC and was also sought to be implicated for the commission of offence under Section 326 IPC. It has been contended by the learned counsel for the petitioner that he has been granted bail earlier by the learned trial court but since the offence under Section 326 IPC was added subsequently, he was apprehending arrest and he never abused the Crl.Misc.No.M-20610 of 2009 (O&M) -2- concession of bail, therefore he prayed that he be released on bail in the event of his arrest in the given set of circumstances. Noticing the aforesaid contentions, this Court on 30.7.2009 granted interim protection to the petitioner subject to the condition that he will join the investigation to the satisfaction of the Investigating Officer. It has now been contended by the learned counsel for the petitioner and not controverted by the learned counsel for the State on instructions from HC Harjinder Singh that he has since joined the investigation to the satisfaction of the Investigating Officer. Learned counsel for the State, however, contended that he has not surrendered his passport to the Investigating Officer. After hearing the learned counsel for the parties and having regard to the aforesaid facts, the petition is accepted and the interim directions dated 30.7.2009 are made absolute till the filing of the challan subject to the condition that the petitioner continues to comply with the provisions of Section 438(2) Cr.P.C. He shall also furnish an undertaking before the learned trial court within a period of two weeks from today that he shall not leave the country without prior permission of the Court. 10.9.2009 (MAHESH GROVER) JUDGE dss