CRM-M 9165 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M 9165 of 2010 (O&M) Date of decision: 05.01.2011 Shiv Pal Singh ....Petitioner Versus State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Girish Agnihotri, Sr. Advocate, with Mr. Vijay Pal, Advocate, for the petitioner. Mr. Gaurav Dhir, DAG, Haryana. 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 FIR No.163 dated 26.12.2009 under Section 135 of the Electricity Act at Police Station Sector 14, Panchkula. Mr. Girish Agnihotri, learned senior counsel for the petitioner has stated that by order dated 6.4.2010 arrest of the petitioner was stayed. Mr. Agnihotri further stated that he has joined the investigation. Mr. Gaurav Dhir, learned Deputy Advocate General, Haryana, on instructions of H.C. Rampal, Head Constable, who is personally present in the Court, has stated that petitioner has not joined investigation as yet. On being asked as to whether petitioner was ever called to join the investigation, Mr. Dhir, on the instructions of the Head Constable, has stated that he has not been called because of the stay of CRM-M 9165 of 2010 (O&M) -2- the arrest of the petitioner. Mr. Agnihotri, learned senior counsel for the petitioner has argued that had there been any call from the police to join the investigation, petitioner would have joined the investigation. Since petitioner was not called under Section 160 Cr.P.C., he was not obliged to go himself for the investigation. Mr. Agnihotri states that whenever petitioner is asked to join the investigation, petitioner will join the investigation. In the opinion of this Court, custodial investigation of the petitioner is not required. Considering total facts and circumstances of the case present petition is allowed. It is directed that in the event of arrest of the petitioner he shall be released on bail by the arresting officer on furnishing personal bond and one surety of Rs.20,000/- subject to the condition under Section 438(2) of the Code. Petitioner shall join investigation as and when he is required to do so. However, it is clarified that if petitioner does not join the investigation despite of the call by the investigating officer, prosecution shall be at liberty to move for cancellation of the bail. (Alok Singh) Judge January 05, 2011 R.S.