IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-7121 of 2011(O&M) Date of Decision: 08.03.2011 Charia Singh and others .... Petitioners Versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. R.V.S. Chugh, Advocate for the petitioners 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) Learned counsel for the petitioners states that earlier FIR was registered against the petitioners for an offence punishable under Sections 323, 324, 326, 34 IPC, however, during the investigation Section 326 IPC was not found and petitioners were enlarged on regular bail for an offence punishable under Sections 323, 324 and 34 IPC. Learned counsel has further stated police has submitted challan (charge-sheet) for an offence under Sections 323 and 34 IPC, however, petitioners apprehends that Magistrate shall frame charges for an offence under Section 326 IPC and shall take the petitioners into custody. Learned counsel has very fairly stated that in view of the dictum of this Court in the matter of Rakesh vs. State of Haryana, CRM-M 1661 of 2011, decided on 14.2.2011, accused-petitioners are legally entitled to enjoy the same bail on furnishing fresh bonds (personal as well as surety) for Section Crl. Misc. No. M-7121 of 2011(O&M) 2 326 IPC if added in the charges by the trial Court. Learned counsel for the petitioners seeks permission to withdraw this petition with liberty to move application before learned Magistrate in the light of judgment of this Court in the matter of Rakesh vs. State of Haryana (supra), if trial Court frame charges against the petitioner for an offence under Section 326 IPC. Petition is dismissed as withdrawn with aforesaid liberty. (ALOK SINGH) 08.03.2011 JUDGE reena