IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-21336 of 2009 Date of decision : August 21, 2009 Kamal Kochar and another ....Petitioners versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Ms. Puja Chopra, Advocate, for the petitioners Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Kamal Kochar and Gappu alias Dinesh Soi have filed this petition for anticipatory bail in case FIR No. 25 dated 18.4.2007, under sections 302, 148, 149 IPC, Police Station Cantt. Ferozepur. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioners vehemently contended that police on investigation found the petitioners to be innocent as their plea of alibi was substantiated by cogent evidence and now the petitioners have been summoned as additional accused on prosecution application filed under section 319 of Code of Criminal Procedure. Learned State counsel after seeking instructions from ASI Malook Singh does not dispute the aforesaid factual position. Criminal Misc. No. M-21336 of 2009 -2- In view of the aforesaid but without meaning to express any opinion on the merits, the instant petition is allowed. If the petitioners appear before the trial court on or before 9.9.2009, the next date fixed in the trial court, they shall be released on bail to the satisfaction of the trial court. ( L.N. Mittal ) August 21, 2009 Judge 'dalbir'