Criminal Misc. No.M-35727 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-35727 of 2009 Date of decision: 23.12.2009 Mohan Lal Chowdery and others ....Petitioners Versus C.B.I,, Chandigarh ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. R.S.Cheema, Senior Advocate with Mr. J.S.Mehndiratta, Advocate for the petitioners Mr. Hemant Bassi, Advocate for the U.T., Chandigarh. Mr. S.S.Sandhu, Advocate for the C.B.I. S. D. ANAND, J. Learned Senior Counsel appearing on behalf of the C.B.I. informs that challan has since been filed in the Court of learned Special Judge, Patiala. The petition is disposed of with a direction that petitioners shall file a plea for grant of regular bail, in the Court of Special Judge, Patiala on 4.1.2010. The C.B.I. shall also enter appearance on that date and shall not be entitled to any independent notice of the regular bail plea. The Court shall dispose of the regular bail plea filed by the petitioners within three days from the filing thereof. Learned Senior Counsel for the petitioners has an apprehension that the learned Trial Judge may not be influenced by the observations made in the course of the order dated 5.12.2009. It being common ground that the challan has since been filed and the C.B.I. did not consider it appropriate to arrest the petitioners all Criminal Misc. No.M-35727 of 2009 -2- **** along since the taking over of investigation in the year 2008, the learned Trial Court would ensure that it is not persuaded by the earlier reasoning in the adjudication of the regular bail plea. The facts presently presented by the C.B.I. in the challan have to be taken into consideration for disposal of the plea aforementioned. The learned Trial Court, in the exercise, shall also be completely unfazed by whatever may have been observed by this Court in the course of this order. The petitioners shall not be arrested till the disposal of the regular bail plea by the learned Trial Court within above indicated time. Disposed of accordingly. December 23, 2009 (S. D. ANAND) Pka JUDGE