CRM No.M-29678 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 1.11.2010 Sunny Goel son of Vinod Goel ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.Harbhajan Singh Sran, Advocate for the petitioner. Mr.Shilesh Gupta, D.A.G., Punjab. M ehinder S ingh S ullar , J . (Oral) Invoking the provisions of section 438 Cr.PC., petitioner Sunny Goel son of Vinod Goel, has instituted the present petition for anticipatory bail in a case registered against him alongwith his other co-accused, namely, Mohit and Vinod Kumar, vide FIR No.123 dated 1.9.2010, on accusation of having committed the offences punishable under sections 323, 452 and 506 read with section 34 IPC by the police of Police Station City Batala, Distt.Gurdaspur. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, after going through the record with their valuable help and after considering the matter deeply, to my mind, the present petition deserves to be accepted in this respect. 4. It is not a matter of dispute that all the offences alleged against the petitioners except the offence punishable under section 452 IPC are bailable. Whether the penal provisions of section 452 IPC as such are attracted to the facts of the present case, would be the moot point to be decided during the course of trial of the case. Moreover, the learned State counsel, on instructions from ASI Balwinder Kumar, has stated that the petitioner has already joined the investigation and he is no longer required for further interrogation at this stage. All the offences CRM No.M-29678 of 2010 2 alleged against the petitioner are triable by the Court of Magistrate. There is no history of previous involvement of the petitioner in any such case. 5. So, taking into consideration the totality of the facts and circumstances, emanating from the record, as described here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the present petitioner is entitled to anticipatory bail in the obtaining circumstances of the instant case. 6. Consequently, it is directed that in the event of his arrest, the petitioner shall be released on anticipatory bail on his furnishing bail and surety bonds in the sum of Rs.10,000/- to the satisfaction of Arresting Officer, subject to the conditions that (i) he shall make himself available for interrogation by the Investigating Agency as and when required; (ii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and (iii) he will not leave India without prior permission of the trial Court. 7. Needless to mention that in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move an application for cancellation of his bail, in this relevant direction. 1.11.2010 (Mehinder Singh Sullar) AS Judge