CRM-M No.16481 of 2011 Kalam Singh & others vs. State of Haryana Present : Mr. R.N.Kush, Advocate for the petitioners. Mr. Man Mohan Sikka, DAG, Haryana. Mr. Jitender Dhanda, Advocate for the complainant. **** Augustine George Masih, J.(Oral) Present is the application for grant of pre arrest bail in FIR No.106 dated 28.02.2010 for the offence under Sections 302, 307, 148, 149, 120-B IPC & 25, 27 & 59 of Arms Act registered at Police Station Narnaund, Distt. Hisar. According to the counsel for the petitioners, the petitioners although were named in the FIR, were found innocent by the investigating agency and challan was accordingly presented before the Trial Court. However, on an application moved by the prosecution under Section 319 Cr.PC, the petitioners have been summoned to face trial. An application was moved by the petitioners before the Trial Court under Section 438 Cr.PC but the same was dismissed by the court vide order dated 19.05.2011. On 02.06.2011, this court had exempted the presence of the petitioners before the trial court while issuing notice of motion. Counsel for the petitioners has been heard. Counsel for the State as well as counsel for the complainant could not rebut the contention that the petitioners were found innocent by the investigating agency during investigation and they have now been summoned on an application moved under CRM-M No.16481 of 2011 -2- Section 319 Cr.PC. They submit that the petitioners may be directed to join the trial before the trial court and they have no objection at this stage in case they are granted pre arrest bail. In view of the above, present application is allowed. Petitioners are granted pre arrest bail with directions to appear before the trial court on 14.10.2011 where they shall move an application for grant of regular bail on surrender which shall be considered and decided on the same day. The present petition stands disposed of. September 14, 2011 (Augustine George Masih) sonia Judge