IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-5174 of 2009 Date of decision: 20th March, 2009 Inder Kumar @ Inderjit … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. P.S. Mann, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioner in case FIR No. 21 dated 03.02.2009 registered at Police Station Lopoke under Sections 406, 420 IPC. On February 25, 2009, this Court had passed the following order: “Petitioner is stated to be 70 years and said to be Depot-holder. It is alleged that he intended to sell wheat meant for Public Distribution System at a higher rate. 25 bags of 50 Kgs. each of wheat were recovered. Petitioner was not arrested at the spot. Issue notice of motion to learned Advocate General, Punjab, for 20.3.2009. Meanwhile, in the event of arrest, petitioner shall be released on interim bail to the satisfaction of the Arresting Criminal Misc. No. M-5174 of 2009 Officer. Petitioner shall join investigation as and when called for. Petitioner shall also abide by the conditions specified under Section 438(2) Cr.P.C.” Counsel for the State, on instructions from HC Tarlochan Singh, has stated that petitioner has not joined the investigation. Counsel for the petitioner has submitted that petitioner is always ready and willing to join investigation. No notice was issued to him to join investigation. In view of this, interim bail granted to the petitioner vide order dated February 25, 2009 is made absolute till submission of report under Section 173 Cr.P.C. (challan). Thereafter, petitioner will be permitted to furnish regular bail bonds to the satisfaction of the trial Court. Investigating Officer shall issue notice to the petitioner to join investigation. In case petitioner fails to join investigation, prosecution will be at liberty to seek cancellation of bail by filing an application in the Court of Sessions Judge, Amritsar. Sessions Judge, Amritsar will verify whether petitioner has joined investigation or not. It is made clear that any failure on the part of the petitioner to join investigation shall entitle the Sessions Judge, Amritsar to cancel his bail. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE March 20, 2009 rps 2