CRM-M 5124 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M 5124 of 2011 (O&M) Date of decision: 14.03.2011 Amarjit Singh and another ....Petitioners Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Pankaj Bali, Advocate, for the petitioners. Ms. Bhavna Gupta, DAG, Punjab. Mr. B.S. Sewak, Advocate, for the complainant. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) This is an application seeking anticipatory bail in case FIR No.294 dated 9.11.2010 under Sections 406/120-B of the Indian Penal Code, Police Station City Khanna This Court vide order dated 17.2.2011 has directed to release the petitioners on interim bail. Learned counsel for the petitioners states that petitioners have already been released on bail and the petitioners have joined the investigation and shall join the investigation as and when they are asked to do so by the Investigating Officer. Ms. Bhavna Gupta, learned Deputy Advocate General, Punjab, on instructions of ASI Manjit Singh, who is present personally in Court, has stated that petitioners have joined the investigation and nothing is to CRM-M 5124 of 2011 (O&M) -2- be recovered and custodial interrogation is not required. Mr. B.S. Sewak, learned counsel for the complainant, has vehemently opposed the bail application contending that petitioners have cheated so many farmers, including the complainant. Learned counsel for the petitioners while placing reliance on the judgment of the Hon'ble Apex Court in the matter of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others, 2011(1) RCR(Criminal) 126, has argued that indiscriminate and irrational arrest should be avoided. He has further stated that interim bail granted to the petitioners has not been mis-used. Considering totality of the facts and circumstances of the case, petition is allowed. Order dated 17.2.2011 is made absolute, subject to the conditions mentioned under Section 438(2) Cr.P.C. However, it is clarified that petitioners shall keep on co-operating in the investigation and if they fail to do so, Investigating Officer shall be at liberty to get the bail cancelled. (Alok Singh) Judge March 14, 2011 R.S.