Criminal Misc. No. M-9968 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-9968 of 2010 Date of decision : 05.05.2010 Deep Chand and another ....Petitioners V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Gautam Dutt, Advocate for the petitioners. Mr. Deepak Jindal, Deputy Advocate General, Haryana. RAJAN GUPTA J. (ORAL) This is a petition under Section 438 of the Code of Criminal Procedure for pre-arrest bail in a case registered vide FIR No. 130 dated 10.07.2009 under Sections 148, 149, 323, 324, 325, 326 IPC (Section 307 added later on) at Police Station Nagina District Mewat. Learned counsel for the petitioners has argued that petitioners were earlier granted the concession of pre-arrest bail by this court in Crl. Misc. No. M-28434 of 2009. According to him, the investigating agency has now added Section 307 IPC in view of injury on the head of the injured which is attributed to one Shri Chand and not the petitioners. According to learned counsel, the petitioners apprehend their imminent arrest in view of addition of Section 307 IPC in the FIR. He, thus, prays that petitioners may be granted the concession of pre-arrest bail. The prayer for anticipatory bail is, however, opposed by learned State counsel on the ground that allegations against the petitioners Criminal Misc. No. M-9968 of 2010 2 are serious in nature. He, however (on instructions from ASI Laxman Singh, who is present in court) does not dispute the fact that injury under Section 307 IPC is not attributed to the petitioners herein. Under the circumstances, the instant petition for pre-arrest bail is allowed. It is directed that in event of arrest, the petitioners shall be released on bail by the Investigating Officer. The petitioners shall join the investigation as and when called upon to do so by the Investigating Officer. The petitioners shall also comply with the conditions as envisaged under Section 438(2) of the Code of Criminal Procedure. May 05, 2010 (RAJAN GUPTA) Ajay JUDGE