CRM No.M-25203 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:-29.10.2010 Sunny alias Bhupinder Singh ......Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. Present: Mr.Deepinder Singh, Advocate for Mr.Sudhir Sharma, Advocate for the petitioner. Mr.Shilesh Gupta, DAG Punjab. M EHINDER S INGH S ULLAR , J .(oral) Invoking the provisions of section 438 Cr.PC, petitioner Sunny alias Bhupiinder Singh son of Davinder Singh, claiming himself to be a juvenile, has instituted the present petition for anticipatory bail, in a case registered against him alongwith his other co-accused, namely, Dalwinder Singh etc., by virtue of FIR No.1 dated 6.1.2007, on accusation of having committed the offences punishable under Sections 148, 323, 324, 326 and 427 read with section 149 IPC, by the police of Police Station Cantt Bathinda. 2. After hearing the learned counsel for the parties, after going through the record with their valuable help and after bestowal of thoughts over the entire matter, to my mind, the instant petition for anticipatory bail deserves to be accepted in this context. 3. A Coordinate Bench of this Court (Gurdev Singh, J.), while issuing notice of motion, passed the following order on 1.9.2010:- “Heard. It has been submitted by learned counsel for the petitioner that the petitioner is juvenile and the other co-accused, after trial, have already been acquitted. Notice of motion for 29.10.2010. In the meanwhile, in the case of arrest of the petitioner, in the FIR CRM No.M-25203 of 2010 2 mentioned in the petition, he shall be released on bail to the satisfaction of Arresting Officer subject to the following conditions:- i) He shall join the investigation as and when required by the Investigating Officer; ii) He shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the Investigating Officer/Court; and iii)He shall not leave the limits of this country without prior permission of the Court.” 4. At the very outset, the learned State counsel, on instructions from SI Paramjit Singh, has submitted that the petitioner has already joined the investigation and he is no longer required for further interrogation at this stage. All the offences alleged against the petitioner are triable by the Court of Magistrate. There is no history of previous involvement of the petitioner in any such case. 5. What is not disputed here is that all the co-accused of the petitioner have already been acquitted in this very case by the trial Magistrate, vide judgment of acquittal dated 1.12.2009 (Annexure P5). Moreover, according to the prosecution that petitioner caused only one simple injury on the elbow of complainant Jaswinder Singh alias Kala. No other role or overt act is attributed to him. 6. So, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the present petitioner is entitled to anticipatory bail in the obtaining circumstances of the present case. 7. Consequently, it is directed that in the event of his arrest, the petitioner shall be released on anticipatory bail on his furnishing bail and surety bonds in the sum of Rs.10,000/- to the satisfaction of Arresting Officer, subject to the conditions that (i) he shall make himself available for interrogation by the Investigating Agency as and when required; (ii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any CRM No.M-25203 of 2010 3 police officer and (iii) he will not leave India without prior permission of the trial Court. 8. Needless to state that in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move an application for cancellation of his bail, in this relevant connection. 29.10.2010 (Mehinder Singh Sullar) AS Judge