IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-4981 of 2009 Date of decision: 20th March, 2009 Dharambir … Petitioner Versus State of Haryana … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. R.K. Sharma, Advocate for the petitioner. Mr. S.S. Mor, Senior DAG Haryana 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. 148 dated 01.06.2007 registered at Police Station Surajkund, District Faridabad under Sections 148, 149, 332, 353, 186, 341, 435, 307 IPC. On March 5, 2009, this Court had passed the following order: “Rely upon orders passed in Criminal Misc. No. M- 30645 of 2008 titled as “Virender v. State of Haryana” and Criminal Misc. No. M-23700 of 2008 titled as “Bhavinder Kumar v. State of Haryana”. Issue notice of motion to learned Advocate General, Haryana for 20.3.2009. Meanwhile, in the event of arrest, petitioner shall be released on interim bail to the satisfaction of the Arresting 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.” Criminal Misc. No. M-4981 of 2009 Mr. S.S. Mor, Senior DAG Haryana, on instructions from ASI Gurcharan Dass, has stated that even though petitioner has joined investigation on 15th March, 2009, the offence committed by the petitioner is heinous. Petitioner had attacked the police party as well as other officials. Petitioner was member of the mob, which was making protests to express solidarity with similar agitations taken by Gujjars in Rajasthan. Since co-accused of the petitioner Bhavinder Kumar and Virender have been granted benefit of pre-arrest bail, no ground is made out to distinguish the case of the petitioner. Petitioner is not a hardened criminal. On the spur of the moment, petitioner has participated as member of the mob. Whether petitioner shared necessary mens-rea, can always be determined at the time of trial. Therefore, interim bail granted to the petitioner vide order dated March 5, 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. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE March 20, 2009 rps 2