IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-9341 of 2009 (O&M) Date of decision: 23rd April, 2009 Mindo and others … Petitioners Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Mohd. Yousaf, Advocate for the petitioners. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Criminal Misc. No. 20305 of 2009 Application is allowed. Order (Annexure P-9) is taken on record. Criminal Misc. No. M-9341 of 2009 Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioners in case FIR No. 6 dated 16.01.2007 registered at Police Station Division No.2, Ludhiana under Sections 307, 148, 149 & 302 IPC. After the death of Jazz Kumar, his statement recorded by the Investigating Officer is to be treated as dying declaration under Section 32 of Indian Evidence Act. The prime argument raised by the counsel for the petitioners is that FIR was investigated and a cancellation report was submitted. Vide Annexure P-9, cancellation report was not accepted and the Magistrate had taken cognizance of the offence under Section 190(1) Criminal Misc. No. M-9341 of 2009 (O&M) (b) Cr.P.C. Counsel for the petitioners has submitted that after submission of the cancellation report, petitioner No.1 was granted anticipatory bail by learned Sessions Judge, Ludhiana on 17th August, 2007. Thereafter, the complainant party moved an application under Section 439(2) Cr.P.C. for cancellation of the bail on the ground that material facts have been concealed. Subsequently, the Court cancelled the bail on the ground that the fact that the Magistrate has taken cognizance of the offence, was not disclosed in the application for pre-arrest bail filed by petitioner No.1. Counsel has also referred to Criminal Misc. No. M-49826 of 2007 decided on 16th January, 2008, when the matter was remanded back to Additional Sessions Judge, Ludhiana to again decide the cancellation of bail application by taking into consideration material facts. It is stated that after the matter was sent to Additional Sessions Judge, Ludhiana, again bail of petitioner No.1 had been cancelled. Co-accused of the petitioner, Meeto and Maachhi had filed Criminal Misc. No. M-49588 of 2007 in this Court. Their application for anticipatory bail was not accepted as counsel for the petitioners made a statement that they will surrender before the trial Court and file a fresh application for regular bail. In view of this, it is ordered that in case petitioners appear and surrender before the concerned trial Court within ten days from today, their application for regular bail shall be decided within two days. With these observations, present petition is disposed off. At this stage, Mr. Jatinder Singh has caused appearance for the complainant. [KANWALJIT SINGH AHLUWALIA] JUDGE April 23, 2009 rps 2