Crl.M.No.M-33280 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-33280 of 2011(O&M) Date of Decision: November 7, 2011 Satgur Singh .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Gaurav Sharma, Advocate for the petitioner. ..... RAM CHAND GUPTA, J.(Oral) Crl.M.No.59696 of 2011 Application is allowed subject to all just exceptions. Crl.M.No.M-33280 of 2011 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.123, dated 3.10.2010, registered under Section 116 read with Section 306 IPC, at Police Station Sadar Dhuri, District Sangrur. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed. This is second application for anticipatory bail filed on behalf of the petitioner-accused. It has been contended by learned counsel for the petitioner-accused that earlier application was filed for anticipatory bail by the petitioner while the case was at the initial stage of investigation. Crl.M.No.M-33280 of 2011(O&M) -2- However, he was not arrested by the police, nor he was joined in the investigation and final report under Section 173 Cr.P.C. was filed putting the petitioner in column No.2.Further contends that however, after recording of evidence by learned trial Court, present petitioner-accused has been summoned to face trial by allowing application filed by prosecution under Section 319 Cr.P.C. Brief allegations against petitioner-accused are that complainant belongs to Ramdasia caste. Deceased was son of complainant, who left his studies just after 6th class. He used to do domestic work. The complainant had given a mobile phone to her son, who used to listen songs. His mobile phone was taken away by his friends, i.e., Satpal Singh and Satgur, i.e., present petitioner-accused and they refused to return the same on repeated demands. Rather they raised threats that he would be killed if he demanded the same. Complainant alongwith deceased also visited the accused and however, co-accused raised threat that they would not give the mobile phone and they could do whatever they wanted. The matter was also brought to the notice of the Sarpanch of the village. Petitioner-accused and co-accused again raised threat to son of the complainant to kill him near the gate of the house and hence, allegations are that on account of harassment on the part of the petitioner and co-accused, son of the complainant committed suicide by setting himself on fire. Though police after investigation found the present petitioner- accused innocent, however, after recording statement of complainant, he was summoned to face trial alongwith co-accused Satpal Singh. It has been stated by learned counsel for the petitioner that he is ready to appear before learned trial Court and face trial. Crl.M.No.M-33280 of 2011(O&M) -3- Hence, in view of these facts, petitioner-accused is directed to appear before learned trial Court within two weeks and in case he so appears and applies for regular bail, learned trial Court is directed to decide the same on merit on the same day after giving notice to the State. Disposed of accordingly. 7.11.2011 (Ram Chand Gupta) meenu Judge