IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-27933 of 2008 Date of Decision: December 10, 2008 Bhola Singh .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Manjit Singh, Advocate, for the petitioner. Mr. Kamaldeep Singh Sidhu, Deputy Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.26 dated 2.4.2007 lodged for offences under Section(s) 302, 326, 323, 34 IPC with Police Station, Maur, District Bathinda. Learned counsel contends that the FIR was lodged at the instance of petitioner’s side. In the cross version, however, the petitioner has been arrayed as accused. Learned counsel contends that admittedly, the petitioner was empty handed and did not participate in the incident. The petitioner has not caused any injury on any person. Considering the innocence of the petitioner, the investigating agency Crl. Misc. No. M-27933 of 2008 [2] had not forwarded the petitioner as an accused to stand trial and was shown in column No.2 of the final report under Section 173 Cr.P.C. During the course of trial, the petitioner has been summoned under Section 319 Cr.P.C. Complainant, Rangi Ram, who appeared as PW-1 in Court has also not ascribed any specific role to the petitioner in the incident. Learned counsel further contends that the petitioner, in deference to order dated 4.11.2008, has put in appearance before the Trial Court and has been released on interim bail. Learned counsel for the respondent-State has not disputed the fact that the petitioner has been implicated in the cross version. The petitioner has been found innocent and has been summoned as additional accused under Section 319 Cr.P.C. Considering the facts and circumstances of the case coupled with the fact that presence of the petitioner has been secured as he has put in appearance, this petition is allowed. The petitioner would be required to furnish fresh bail bonds. It is further directed that he shall not cause any default in appearance so as to delay the trial. (AJAI LAMBA) December 10, 2008 JUDGE avin