CRM-M No.34378 of 2011(O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.34378 of 2011 (O&M) Date of decision : 26.11.2011 Kamal Kishore ...... Petitioner v. State of Punjab ...... Respondent *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. K.P.S. Sandhu, Advocate for the petitioner. Mr. Sumeet Abrol, A.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 petitioner in case FIR No.167 dated 22.10.2011 registered under Sections 307, 336, 427 IPC and 9-B of the Explosive Act at P.S. 'E' Division, Amritsar. On 15.11.2011 the following contention was noticed:- “Learned counsel for the petitioner has argued that in this no injury case where the petitioner has necessary license and permissions Sections 307, 336, 427 IPC and Section 9-B of the Explosive Act are not made out.” Today the learned Assistant Advocate General on instructions CRM-M No.34378 of 2011(O&M) ::2:: from Mr. Naveen Singla, ACP, Central Amritsar has argued that in the first place on 03.10.2011 the petitioner was challaned for not having a license and thereafter he managed to get a license without the mandatory recommendations from the district administration and the police authorities. Apart from that the stock of fire works was much beyond the licensed amount. Interestingly, Section 25 of the Arms Act had subsequently been added on the allegation that a country made pistol was found in the shop. It is however not denied that no one was injured. In this view of the matter, this Court is of the considered opinion that if the petitioner is found guilty of any offence he would be liable to undergo whatever punishment is imposed upon him, but at present his custody would not be in the interest of justice. In the circumstances, without going into the merits of the case, I deem it appropriate to grant the concession of anticipatory bail to the petitioner. Ordered accordingly. Petitioner is directed to appear before the Investigating Officer on 06.12.2011 between 10 A.M. to 04 P.M and on any other date as and when his presence is required. On his appearance, the Investigating Officer would release him on bail subject to the conditions envisaged under Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) November 26, 2011 JUDGE ashish