IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-7350 of 2009 Date of decision: 18th April, 2009 Sukhwinder Singh @ Sukhi … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sapan Dhir, Advocate for the petitioner. Mr. Anter Singh Brar, Deputy Advocate General Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioner in case FIR No. 28 dated 10.02.2009 registered at Police Station Kotwali, Sangrur under Section 307/34 IPC, Section 25/54 of Arms Act and Section 3(1)(4) of Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989. On March 18, 2009, this court had passed the following order: “Counsel for the petitioner has stated that in the occurrence shot was fired by co-accused Ashok Kumar. Petitioner is stated to have given blow on the legs of injured when he was lying fallen. Counsel for the petitioner further stated that in the Medicolegal Report, which has been annexed with the present petition as Annexure P-2, there is no corresponding injury. Counsel further states that there is no allegation to attract provisions of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989. Criminal Misc. No. M-7350 of 2009 Issue notice of motion to learned Advocate General, Punjab for 27.3.2009. 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.” Thereafter, on March 27, 2009, following order was passed: “Counsel for the State has submitted that petitioner has not joined the investigation. Counsel for the petitioner has submitted that he has gone to the Investigating Officer but be was told that Investigating Officer has changed. Thereafter, his various efforts to join investigation have turned futile as he was sent by one officer to another. Petitioner is directed to appear before the Chief Judicial Magistrate, Sangrur on 2nd April, 2009 at 10.00 a.m. Investigating Officer shall also be present there. Petitioner will be allowed to accompany the Investigating Officer to facilitate joining of investigation. Adjourned to 18th April, 2009. Interim order shall continue.” Counsel for the petitioner has submitted that in pursuance of order dated March 27, 2009, petitioner had appeared in the Court of Chief Judicial Magistrate, Sangrur. But nobody caused appearance before the Chief Judicial Magistrate, Sangrur at 10.00 a.m. The Court gave a direction to the Naib Court to summon the Investigating Officer at 2.00 p.m. At 2.00 p.m., it was disclosed that Investigating Officer has come to Chandigarh to appear in some writ petition. Counsel for the petitioner has stated that even though no injury has been caused by him, he is being involved in this case, due to political vendetta. 2 Criminal Misc. No. M-7350 of 2009 The conduct of investigating agency is not aboveboard. In these circumstances, interim bail granted to the petitioner vide order dated March 18, 2009 is affirmed till presentation of report under Section 173 Cr.P.C. (challan). Thereafter, regular bail bonds of the petitioner will be accepted by the trial Court. As a matter of abundant caution, it is observed that since the investigating agency is not allowing the petitioner to join investigation, yet petitioner will join the investigation as and when notice is issued by the Investigating Officer to the petitioner after following due procedure. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE April 18, 2009 rps 3