Criminal Misc. No. M-20332 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-20332 of 2008 Date of Decision: 22.8.2008 Makhan Lal …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr.Anupam Singla, Advocate for the petitioner. Mr. P.S.Bajwa, Assistant Advocate General, Punjab, for the respondent-State. Kanwaljit Singh Ahluwalia, J. (Oral) on 20.8.2008, this Court passed the following order:- Counsel for the petitioner contends that the petitioner was member of mob which threw brick bats and hit Mukhtiar Singh, Gunman on the right leg and right side of his head. Counsel further submits that no evidence has been gathered as the brick bat which hit Mukhtiar Singh was thrown by which member of the mob. Counsel further rely upon order passed in Criminal Misc. No. M-18592 of 2008, which is fixed for 22.8.2008. Counsel also Criminal Misc. No. M-20332 of 2008 2 states that brick bat injury on the right leg and right side of the head of Mukhtiar Singh may not attract Section 307 IPC. Counsel further submits that Gunman Mukhtiar Singh fired a shot in the occurrence. Issue notice of motion to learned Advocate General, Punjab. On the asking of the Court Mr. P.S.Bajwa, learned Assistant Advocate General, Punjab, accepts notice on behalf of the State. A copy of petition has been supplied to him. 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. To be heard along with Criminal Misc. No. M-18592 of 2008 on the date fixed”. Counsel for the petitioner submits that in the FIR it has been recorded that Mukhtiar Singh, Gunman who fired a shot at the relevant time was posted with S. Sikander Singh Maluka, Ex-Akali Minister and now prominent member of ruling party. Counsel further states that S. Sikander Singh Maluka was present at the time of occurrence. Counsel further states that in order to save the Gunman, who fired a shot, present FIR has been concocted after consultations and deliberations. Criminal Misc. No. M-20332 of 2008 3 For the reasons given in the order dated 20.8.2008 and submissions made by counsel for the petitioner today that Investigating Agency is inimical towards the petitioner, interim bail granted vide order dated 20.8.2008 is made absolute till the submission of report under Section 173 Cr.P.C. (challan). Thereafter, petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court. The present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge August 22, 2008 “DK”