IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-701 of 2011 Date of decision: 7th March, 2011 Jahid and others … Petitioners Versus State of Haryana … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Roopak Bansal, Advocate for the petitioners. Mr. H.S. Deol, Additional Advocate General, Haryana for the State. Mr. Jatinder Kumar, Advocate for the complainant. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioners in case FIR No.463 dated 12.09.2010 registered at Police Station Nuh under Sections 148/149/323/307 IPC and Section 25/54/59 of the Arms Act, 1959. A Coordinate Bench, on January 21, 2011, had passed the following order: “Heard counsel for the parties. In the incident that occurred on 11.9.2010, Jahid (petitioner No.1) it is alleged by the complainant-Yusuf, was standing on the roof of Abdul and he fired at Sahin, but the latter was not injured. Learned State counsel however contends that the weapon used for firing is yet to be recovered. Insofar as Rafiq (petitioner No.2) is concerned, it is alleged that he injured the complainant-Yusuf by throwing stone on his right leg. The injury on the leg is on a non-vital part. Besides, co-accused namely Wahid and Nurudin who are also Criminal Misc. No.M-701 of 2011 alleged to have pelted stones on the complainant-Yusuf have been granted interim pre-arrest bail vide order dated 16.12.2010 passed in CRM No.M-36887 of 2010. Rashid (petitioner No.3) is also alleged to have pelted stones, but no injury is attributed to him. In the afore-noticed facts and circumstances, the Crl.Misc. petition qua Jahid (petitioner No.1) is dismissed. However, Rafiq (petitioner No.2) and Rashid (petitioner No.3) are entitled to grant bail so as to enable them to join the investigation. List for hearing on 7.3.2011. In the meantime, in the event of arrest, Rafiq (petitioner No.2) and Rashid (petitioner No.3) shall be admitted to interim bail on their furnishing personal bonds and surety each to the satisfaction of the Arresting/Investigating Officer. They shall, however, join investigation as and when called and shall abide by the conditions of Section 438(2) Cr.P.C.” Counsel for the State, on instructions from Shish Ram ASI, Police Station Nuh, has stated that in pursuance of the order reproduced above, Rafiq (petitioner No.2) and Rashid (petitioner No.3) have joined the investigation and are no longer required for custodial interrogation by the investigating agency. In view of the statement made by Counsel for the State, order dated January 21, 2011 passed by a Coordinate Bench, whereby interim bail was granted to Rafiq (petitioner No.2) and Rashid (petitioner No.3), is hereby affirmed and the present petition stands disposed of accordingly. [KANWALJIT SINGH AHLUWALIA] JUDGE March 7, 2011 rps 2