Crl. Misc. No. : M-34315 of 2011 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. : M-34315 of 2011 (O&M) Date of Decision: November 21, 2011 Rahul Marwaha ... Petitioner Versus State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present: Mr. Rajesh Kumar Dadwal, Advocate for the petitioner. Mr. Sumeet Abrol, AAG, 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 case FIR No.102 dated 22.09.2011 registered under Sections 419, 420, 465, 468, 471, 120-B, IPC and Section 66 of Information Technology Act, at Police Station City Hoshiarpur. On 15.11.2011, the following contention was noticed: “Learned counsel for the petitioner states that apart from the merits of the case a compromise (Annexure P-2) has been entered between the complainant and the petitioner.” Learned Asstt. Advocate General, on instructions from ASI Sewak Singh, states that as per the knowledge of the Investigating Officer, there is no compromise. Learned counsel for the petitioner, however, argued that in this case, the substantive allegation against the petitioner is that the phone, from which threats were issued to the complainant, was activated by the sim, which was purchased from the shop of the petitioner. As per learned counsel for the petitioner, the allegation would not justified for custodial Crl. Misc. No. : M-34315 of 2011 (O&M) - 2 - interrogation. Learned Assistant Advocate General has accepted these factual assertions. In this view of the matter, I deem it appropriate to grant the concession of anticipatory bail to the petitioner. The petitioner shall appear before the Investigating Officer on 01.12.2011 or any other date convenient to the Investigating Officer. Accordingly, this petition is allowed. In the event of the arrest of the petitioner, he shall be released on bail to the satisfaction of the Investigating Officer subject to the conditions envisaged under Section 438 (2) Cr. P.C. (AJAY TEWARI) November 21, 2011 JUDGE sarita