IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 27292 of 2010(O&M) Date of Decision: October 12, 2010. Ajit Pal @Kumar and another. ...... PETITIONER(s) Versus State of Punjab ...... RESPONDENT(s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. A.S.Manaise, Advocate for the petitioners. Ms. Bhavna, D.A.G., Punjab. Mr. Raj Karan Singh Verka, Advocate for the complainant. ***** 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.113 dated 25.06.2008, under Section 304 IPC, registered at Police Station Civil Lines, Batala, District Gurdaspur. I have heard learned counsel for the parties and have gone through the whole record. CRM No.M-27292 of 2010 This Court while issuing notice of motion on 20.09.2010 passed the following order:- “Crl.M.No.48680 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-27292 of 2010 Contends that it was a case of natural death as deceased was an old lady of 70-75 years of age and was ailing. Further contends that as per the allegations deceased was shaken by the petitioners-accused and hence she fell down and died. Further contends that petitioners were found innocent by the police after investigation and that challan has been filed against Ved Pal alias Kalas, brother of petitioner no.1 and son of petitioner no.2 and that petitioners have been falsely implicated in this case on account of their relations with Ved Pal alias Kala. Notice of motion for 12.10.2010. However, in the meantime, petitioners are directed to appear before learned trial Court within two weeks from today and in case they so appear and apply for regular bail, they be admitted to interim bail by learned trial Court subject to any conditions that may deem to be imposed by it.” It has been stated by learned counsel for the petitioners that they have already appeared before learned trial Court pursuant to said order and admitted to interim bail by learned trial Court vide order dated 28.09.2010. Copy of the order has also been placed on record. It is further contended that they will continue to appear before learned trial Court. Learned counsel for the State has not disputed these facts. However, bail application has been opposed by learned counsel for the complainant. 2 CRM No.M-27292 of 2010 There are no allegations on behalf of the State that petitioners are likely to abscond or that they are 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 Ajit Pal @Kumar and Khazan Chand is accepted and order dated 20.09.2010 granting interim bail in favour of the petitioners is, hereby, made absolute subject to any conditions that may be imposed by learned trial Court. The present petition stands disposed of accordingly. ( RAM CHAND GUPTA ) October 12, 2010. JUDGE 'om' 3