Crl. Misc. No.M-8064 of 2011 (O&M) ****** Manjinder Singh and another Vs. State of Punjab Present : Mr. Suveer Sheokand, Advocate for the petitioners. Mr. P.S. Paul, D.A.G., Punjab. ******* AJAY TEWARI, J. (ORAL) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in case F.I.R. No.16 dated 12.02.2011 registered under Sections 452, 323, 324, 427, 148, 149 IPC and Section 325 IPC at Police Station Daba, District Ludhiana. On 16.03.2011 the following order was passed:- “Learned counsel states that the only non- bailable Section is 452 IPC and that too is not made out since the petitioner did not enter the house of the complainant. Notice of motion. Mr. Gazi Mohammad, DAG, Punjab, at the asking of the Court, accepts notice on behalf of the respondent-State. Learned counsel for the petitioners has supplied a copy of the petition to the learned DAG today in Court itself. Adjourned to 31.03.2011.” Learned Deputy Advocate General, Punjab on instructions from ASI Gian Singh has accepted the fact that the offence alleged to have been committed inside a shop and not in a dwelling unit. In the circumstances, whether Section 452 could be invoked is a matter of evidence. Crl. Misc. No.M-8064 of 2011 (O&M) -2- In this view of the matter, I deem it appropriate to grant the concession of anticipatory bail to the petitioners. Ordered accordingly. In the event of arrest of the petitioners, they shall be released on bail to the satisfaction of Investigating Officer subject to the conditions envisaged under Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) March 31, 2011. JUDGE ashish