IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-4957 of 2009 Date of decision: 20th March, 2009 Manpreet Singh … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sushil Gautam, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. Mr. Vikram Singh, Advocate for the complainant. 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. 81 dated 06.07.2008 registered at Police Station Derabassi, District Mohali under Sections 324, 323, 506, 34, 326 IPC. On February 24, 2009, this Court had passed the following order: “Counsel for the petitioner contends that in the FIR allegation is that Manpreet Singh has given deep injuries to Harpreet Singh but no specific injury is attributed to him. Harpreet Singh suffered four injuries. Counsel for petitioner further states that Injury No.1 is attributed to co-accused Birender Singh and that injury has been declared as grievous. Counsel further submits that in the Criminal Misc. No. M-4957 of 2009 present case FIR has been lodged at the instance of brother of petitioner who had suffered six injuries and the Petitioner has suffered two injuries. Counsel rely upon order passed in Criminal Misc. No. M-34496 of 2008 whereby his co-accused Birender Singh was granted pre-arrest bail. 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 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.” Mr. Vikram Singh has caused appearance for the complainant. He has submitted that on the same night, another occurrence has taken place and case FIR No. 82 was registered for offence under Section 307 IPC and petitioner had participated in that occurrence, therefore he is disentitled for grant of benefit of pre-arrest bail. Counsel for the petitioner has submitted that FIR No. 82 was a false FIR and after the investigation, petitioner has been found innocent. Mr. Mehardeep Singh, AAG Punjab, on instructions from ASI Nand Lal of Police Station Dera Bassi, has stated that in fact petitioner has been declared innocent in case FIR No. 82 dated 06.07.2008. Counsel for the State has further submitted that petitioner has joined investigation and he is no longer required for further custodial interrogation. For the reasons stated in order dated February 24, 2009 and in view of the statement made by counsel for the State, interim bail granted to the petitioner vide order dated February 24, 2009 is made absolute till submission of report under Section 173 Cr.P.C. (challan). 2 Criminal Misc. No. M-4957 of 2009 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 3