Crl.Misc. No. M-22430 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Misc. No. M-22430 of 2011 (O&M) Date of Decision: August 16, 2011 Roshan Lal and another ...........Petitioners Versus State of Punjab and another ..........Respondents Coram: Hon'ble Mrs.Justice Sabina Present: Mr.Vikas Sagar, Advocate for the petitioners. Mr.Sartaj Gill,Deputy Advocate General Punjab <> Sabina, J. Petitioners have filed this petition under Section 438 of the Code of Criminal Procedure, 1973 (for short `Cr.P.C.') seeking anticipatory bail in FIR No. 178 dated 31.8.2010 registered at Police Station City Sri Muktsar Sahib under Sections 307, 341, 326, 324, 323, 148 and 149 of the Indian Penal Code. Learned counsel for the petitioners has submitted that the petitioners were found innocent during investigation and have been summoned to face the trial on an application moved by the prosecution under Section 319 Cr.P.C. So far as petitioner No.1 is concerned, no overt act was attributed to him in the FIR. However, the complainant, while appearing in the witness box, deposed that Roshan Lal, petitioner No.1, had exhorted the other accused that the complainant party be taught a lesson for initiating security proceeding against them. Petitioner No.2 was attributed a Crl.Misc. No. M-22430 of 2011 (O&M) 2 brick bat injury on the jaw of the complainant. The said injury was opined to be simple in nature. The other co-accused have since been released on bail. Learned State counsel, on the other hand, has opposed the petition. Keeping in view the submissions made by the learned counsel for the petitioners, it would be just and expedient to allow this petition. Accordingly, this petition is allowed. In the event of arrest, the petitioners be admitted to bail subject to the satisfaction of the Investigating Officer. Petitioners shall join investigation as and when required by the Investigating Officer and shall not tamper with the prosecution evidence and shall not leave the Country without prior permission of the Court. (SABINA) JUDGE August 16, 2011 arya