CRM No.M-36412 of 2010 ****** Lakha Singh Vs. State of Punjab Present : Mr. Gur Rattan Pal Singh, Advocate the petitioner. Mr. Veneet Sharma, Advocate for the complainant. Mr. Gazi. Mohammad, D.A.G., Punjab. ******* AJAY TEWARI, J (ORAL) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in F.I.R. No.53 dated 30.08.2010 registered at P.S. Khalra, Distt. Taran Taran under Section 304-B IPC. The ground taken is that the petitioner is 78 years old and that the main accused viz. the son of the petitioner, who is the husband of the deceased, has been released on bail. Learned counsel for the complainant has vehemently argued that this is a case where challan has not been presented within the statutory period of 90 days and that is why the the husband of the deceased has been released on bail. He has also pointed out towards the inaction of the police in not arresting the petitioner despite the fact that the FIR was lodged as far back as on 30.08.2010. On the instructions from ASI Sucha Singh learned Deputy Advocate General, Punjab states that the challan shall be presented within one week. Be that as it may, in my considered opinion, the present is a fit CRM No.M-36412 of 2010 -2- case where anticipatory bail may be allowed. The petition is accordingly allowed and the petitioner is granted the concession of anticipatory bail to the satisfaction of SHO/Investigating Officer, subject to the conditions laid down in Section 438(2) Cr.P.C. This order shall enure till the filing of the challan whereupon the petitioner would apply for regular bail. ( AJAY TEWARI ) January 05, 2011. JUDGE ashish