CRM No.M-25392 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:-29.10.2010 Gurmukh Singh son of Amrik Singh ......Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. Present: Mr.Sunil Chadha, 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 Gurmukh Singh son of Amrik Singh, has instituted the present petition for anticipatory bail, in a case registered against him alongwith his other co-accused, namely, his father Amrik Singh and brother Kulwinder Singh, vide FIR No.220 dated 5.11.2007 (Annexure P1), on accusation of having committed the offences punishable under Section 302 read with section 34 IPC, by the police of Police Station Samrala, Distt.Ludhiana. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, after going through the record with their valuable help and after considering the matter deeply, to my mind, the instant petition for anticipatory bail deserves to be accepted in this respect 4. What is not disputed here is that during the course of investigation, the petitioner was found innocent and the police did not challan him. Subsequently, during the pendency of the trial, the prosecution moved an application for summoning the present petitioner under section 319 Cr.PC to face trial alongwith his other co-accused. The application was dismissed by the trial Court, but in pursuance of the order dated 22.4.2010 (Annexure P3) passed by this CRM No.M-25392 of 2010 2 Court in CRR No.3363 of 2009, the petitioner was ordered to be summoned under section 319 Cr.PC, which necessitated him to file the instant petition for anticipatory bail. Nothing is to be recovered from him. 5. It is not a matter of dispute that in pursuance of the order of a Coordinate Bench of this court (Gurdev Singh, J.), the petitioner appeared and was already admitted to interim bail by the trial Court. Therefore, to me, no useful purpose would be served in sending the petitioner in jail without any basis. 6. In the light of the aforesaid reasons 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 order dated 1.9.2010 granting interim bail to the petitioner is hereby made absolute. 7. The instant petition is disposed of accordingly. 29.10.2010 (Mehinder Singh Sullar) AS Judge