IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-5746 of 2011(O&M) Date of Decision: 23.02.2011 Som Nath .... Petitioner Versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. A.S. Syan, Advocate for the petitioner 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) This is an application under Section 438 Cr.P.C. seeking anticipatory bail in a case FIR No. 157 dated 1.5.2010 under Sections 324, 323, 148, 149 IPC and offence under Section 326 IPC added later on registered at Police Station Samana, District Patiala. Record reveals that learned Addl. Sessions Judge, Patiala vide order dated 17.12.2010 has granted interim anticipatory bail to the petitioner with the direction that petitioner shall join investigation and shall not tamper with the prosecution evidence. Learned Addl. Sessions Judge has also directed that in the event of arrest of the petitioner, he shall be released by the Investigating Officer on furnishing bail bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the Arresting Officer/Investigating Officer. Crl. Misc. No. M-5746 of 2011(O&M) 2 Even after the order dated 17.12.2010 which was extended till 31.1.2011, petitioner did not join the investigation and never appeared before the Investigating Officer as per the statement made before learned Addl. Sessions Judge, Patiala by ASI Lakhwinder Singh. Grant of bail depends upon the judicial discretion of the Court. If accused fails to obey the conditions of the interim bail of course he is not entitled for judicial discretion in his favour. Grant of anticipatory bail with the condition to join investigation does not mean that accused shall not join the investigation. In the present case, since accused has failed to join the investigation in compliance of directions issued by learned Sessions Judge, I am not inclined to exercise my discretionary power to grant anticipatory bail to the petitioner. Dismissed. (ALOK SINGH) 23.02.2011 JUDGE reena