IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-36277 of 2011 Date of decision : December 08, 2011 Kuljinder Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Ankur Mittal, Advocate, for the petitioner Mr. RS Rawat, Assistant Advocate General, Punjab L.N. Mittal, J. (Oral) By this common order, I am disposing of two petitions i.e. Criminal Misc. No. M-36277 of 2011 filed by Kuljinder Singh and Criminal Misc. No. M-36303 of 2011 filed by Amninder Singh alias Amrinder Singh, both seeking anticipatory bail in case FIR No. 168 dated 22.8.2011, under sections 307, 34 IPC and 25 of Arms Act, registered at Police Station Sahnewal District Ludhiana City. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, complainant Gurmail Singh came out of Sunrise Palace after attending reception party. Harmanjot Singh also came out of the Palace and sat in his car. Both the petitioners and Emanjit Singh (brother of petitioner Kuljinder Singh) also Criminal Misc. No. M-36277 of 2011 -2- came out abusing Harmanjot Singh. Emanjit Singh fired a shot from revolver at the car of Harmanjot Singh. The complainant occupied his Gypsy which was driven by his cousin. Emanjit Singh fired 2/3 more shots, one of them hitting the complainant on right buttock. Learned counsel for the petitioners contended that no role has been attributed to the present petitioners. Learned State counsel, on instructions from ASI Kashmira Singh, contended that although in the FIR no role has been attributed to the petitioners but in statement of Harmanjot Singh recorded under section 161 Cr.P.C., it has been stated that Kuljinder Singh raised lalkara whereas Amrinder Singh was armed with gun. However, these facts have not been mentioned in the FIR. Since no overt or covert act is attributed to the petitioners and the main accused Emanjit Singh has already been arrested, as submitted by counsel for both the parties, I find it to be a fit case to extend the concession of anticipatory bail to both the petitioners. Accordingly, both the petitions are allowed. In the event of arrest, the petitioners shall be released on bail to the satisfaction of the Arresting Officer subject to the conditions specified in section 438 (2) Cr.P.C. The petitioners shall join the investigation as and when required by the police. Presently, they are directed to join investigation on 21.12.2011 at 10.00 AM and continue to do so as and when required by the police. ( L.N. Mittal ) December 08, 2011 Judge 'dalbir'