Criminal Misc. No.M-5406 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-5406 of 2008 Date of decision : 3.9.2008 Babu Ram and another .....Petitioners Versus State of Haryana and another ..Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. U.K.Agnihotri, Advocate for the petitioners. Mr. S.S.Mor, Senior Deputy Advocate General, Haryana for respondent-State. Mr. S.K.Verma, Advocate for respondent no.2. S. D. ANAND, J. In this petition filed by two petitioners, namely, Babu Ram Verma and Hawa Singh, a Coordinate Bench of this Court had ordered on 20.3.2008 that the petitioners shall be released on interim bail if they appear in the Court of learned Chief Judicial Magistrate/Duty Magistrate by or on 4.4.2008. Learned State counsel does not dispute that both the petitioners did enter appearance and were released on interim bail by the learned Court. In the light thereof, order dated 20.3.2008 is made absolute to the extent it relates to petitioner Hawa Singh. Insofar as petitioner-Babu Ram Verma is concerned, the facts available on the record are unenviable. As noticed in the impugned order (Annexure P-3), anticipatory bail was declined to Babu Ram Verma in view of the fact that he had firstly filed a bail plea before the learned Trial Criminal Misc. No.M-5406 of 2008 -2- **** Magistrate but 'evaporated' from the Court thereafter even before the bail plea could be disposed of. After considering that factual position, learned counsel representing petitioner Babu Ram Verma had withdrawn the bail plea from the Court of learned Additional Chief Judicial Magistrate, Jind, on 21.12.2007. A certified copy of the statement made by learned counsel for Babu Ram Verma withdrawing that application and also the order dated 21.12.2007 has been produced today by the learned counsel appearing on behalf of respondent/complainant. Learned counsel for the petitioner is not in a position to contest the correctness of averment made on behalf of the respondents that the fact of dismissal of the afore-mentioned plea as withdrawn did not come to be indicated in the anticipatory bail plea filed in the Court of Sessions at Jind. Learned counsel for the petitioner-Babu Ram Verma, faced with the predicament of having to wriggle out of the above facts, states that petition may be dismissed as withdrawn to the extent it relates to petitioner Babu Ram Verma. In the light thereof, the petition filed by Babu Ram Verma shall stand dismissed as withdrawn. September 03, 2008 (S. D. ANAND) Pka JUDGE