CRM No. M-7078 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-7078 of 2011 (O&M) Date of decision: 31.03.2011 Jagdish Kumar ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Akshay Bhan, Advocate, for the petitioner. Mr. K.D. Sachdeva, Addl. A.G., Punjab. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Present petition is filed seeking anticipatory bail in case FIR No.23 dated 23.2.2011 under Sections 382/427/353/186/506/194/341 of the Indian Penal Code, Police Station Julkan, District Patiala, Punjab. Learned counsel for the petitioner has vehemently argued that as per the FIR group of some persons led by Jagdish who was having wooden stick in his hand had gheraod the vehicle of the drug sampling team, broken the glasses of vehicle and had forcibly taken away samples collected by the team. Learned counsel has further argued that from the contents of the FIR neither offence punishable under Section 382 IPC nor punishable under Section 194 IPC is made out. He has further argued that without identification parade it would be difficult to presume that petitioner is the same Jagdish whose name has been mentioned in the FIR. He has further argued that petitioner did not play any role in CRM No. M-7078 of 2011 (O&M) -2- the incident and he has been implicated only on the basis of suspicion. Mr. K.D. Sachdeva, learned Additional Advocate General, Punjab, states that if petitioner joins the investigation, identification parade shall be held. Considering totality of the facts and circumstances of the case, petition is allowed. Petitioner shall join the investigation within 10 days from today and he shall be released on bail by the arresting officer on furnishing personal bond and one surety subject to the condition under Section 438(2) of the Code. Petitioner shall join investigation as and when he is required to do so. However, it is clarified that if petitioner does not join the investigation despite of the call by the investigating officer, prosecution shall be at liberty to move for cancellation of the bail. (Alok Singh) Judge March 31, 2011 R.S.