IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 28379 of 2010(O&M) Date of Decision: October 28, 2010. Diwan Chand ...... PETITIONER(s) Versus State of Punjab ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Amit Rawal, Advocate for the petitioner. Mr. K.D.Sachdeva, Addl.A.G., Punjab. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.124 of 19.05.2010, under Sections 447/380/420/467/468/471/120-B IPC, registered at Police Station Shimlapuri, Ludhiana. I have heard learned counsel for the parties and have gone through the whole record. This Court while issuing notice of motion on 01.10.2010 passed the following order:- CRM No.M-28379 of 2010 “Contends that the present petitioner is not in any way involved in this occurrence. Further contends that even as per version of FIR and as per police inquiry report, it was co- accused Mehar Chand, who in connivance with some other persons tried to take forcible possession of the property in dispute and who had committed theft of material and damaged the goods lying in the property. Further contends that alleged Rs.50,000/- were also taken by co-accused Mehar Chand and not by petitioner-accused. Notice of motion for 28.10.2010. However, in the meantime petitioner is directed to join the investigation and in case of arrest, he be released on interim bail to the satisfaction of Arresting Officer subject to compliance of conditions contained in Section 438(2) Cr.P.C.” It has been stated by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 01.10.2010. It has also been stated by learned counsel for the State that petitioner has joined the investigation and that he is no more required for any custodial interrogation. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Diwan Chand is accepted and order dated 01.10.2010 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. The present petition stands disposed of accordingly. 2 CRM No.M-28379 of 2010 ( RAM CHAND GUPTA ) October 28, 2010. JUDGE 'om' 3