Crl. Misc. No. M-11786 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-11786 of 2011 (O&M) Date of decision: 02.05.2011 Gugnesh Sharma ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. S.K. Sandhir, Advocate, for the petitioner. Ms. Bhavna Gupta, DAG, Punjab. 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) Present petition has been filed seeking anticipatory bail in case FIR No.47 dated 2.4.2011 under Sections 420 IPC and Section 63 of Copy Right Act, 1957, Police Station Salem Tabri, Ludhiana City. This Court vide order dated 21.4.2011 has issued notice of motion. Ms. Bhavna Gupta, learned Deputy Advocate General, Punjab, on instructions from ASI Sarabjit Singh, who is personally present in the Court, states that raids were held on the house of the petitioner, however, he could not be apprehended. Case diary show to the Court is not paginated and is not in volumes as required under Section 172 Cr.P.C. as interpreted by this Court in Crl. Misc. No. M-3990 of 2011 dated 1.3.2011. ASI Sarabjit Singh as well as learned Deputy Advocate General, Punjab, are not in a Crl. Misc. No. M-11786 of 2011 (O&M) -2- position to justify the custodial interrogation. Considering the totality of the facts and circumstances of the case, it is directed that in the event of arrest of the petitioner, he shall be released on bail by the Investigating Officer/Arresting Officer on furnishing personal bond and one surety of Rs.20,000/- subject to the following conditions: - i) that he shall make himself available for interrogation by a police officer as and when required; ii) that he shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; iii) that he shall not leave India without the previous permission of the Court. The petition stands disposed of accordingly. (Alok Singh) Judge May 02, 2011 R.S.