IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-35516 of 2009 Date of decision : 23.2.2010 Harnek Singh and others … Petitioners Versus State of Punjab …Respondent CORAM : HON’BLE MRS.JUSTICE SABINA Present: Mr.Vikas Bahl, Advocate for the petitioners. Mr.J.S.Sandhu, AAG, Punjab. Sabina J. Petitioners have filed this petition under Section 438 read with Section 482 of the Criminal Procedure Code ( in short Cr.P.C.’) for grant of anticipatory bail in case FIR No.98 dated 1.12.2009, under Sections 406, 498- A of the Indian Penal Code and Sections 3(1)(5)/3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station Behram, District S.B.S.Nagar. At the time of notice of motion, the following order was passed by this Court:- “Counsel heard. Jasvir Kaur is wife of Hardev Singh son of petitioner No.3. Petitioner No.1 is brother of Hardev Singh. Learned counsel for the petitioners contends that marriage was solemnized on June 23rd , 2004. Parties agreed to seek a decree of divorce by mutual consent, by compromise deed Annexure P/2. An amount of Rs.1.00 lac was also received by the complainant towards expenses of marriage and maintenance. Nothing is outstanding to be received from Hardev Singh, per receipt Annexure P/3. Petitioner No.3 is seventy years old. Notice of motion for 23.2.2010. In the meantime, in the event of arrest, petitioners Harnek Singh, Tehal Singh and Ravinder Kaur be admitted to bail by the Arresting Officer on their furnishing bonds to his satisfaction. Petitioners shall abide by the conditions laid down in Section 438 (2) (i) (ii) and (iii) Cr.P.C.” Crl.Misc.No.M-35516 of 2009 Learned State counsel who is assisted by ASI-Shingara Singh has submitted that challan has been presented only against petitioner No.3- Ravinder Kaur and petitioners No.1 and 2 have been declared innocent. Petitioner No.3 has joined the investigation. Since petitioners No.1 and 2 have been declared innocent and challan has not been presented against them, this petition seeking anticipatory bail qua them is rendered infructuous and disposed of as such. Interim bail granted by this Court vide order dated 16.12.2009 qua petitioner No.3 is made absolute. [ Sabina ] Judge 23.02.2010 sd 2