Criminal Misc. No. M-34237 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-34237 of 2008 Date of Decision: 14.1.2009 Roopa Singh …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. T.S. Sangha, Senior Advocate with Mr. H.S. Sangha, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) On 24.12.2008, a Co-ordinate Bench of this Court passed the following order:- “Present: Mr. T.S. Sangha, Sr. Advocate with Mr.Kewal Singh, Advocate for the petitioner. This is a petition under Section 438 Cr.P.C. for the grant of anticipatory bail to the petitioner in case FIR No. 113 dated 18.11.2008, under Section 148/308/382/323/506 read with Section 149 IPC, Police Station Ladhowal, Distt. Ludhiana. Criminal Misc. No. M-34237 of 2008 2 The counsel for the petitioner has submitted that the petitioner was not wielding any weapon, nor did he cause any injury, on the person of any of the injured. He has further submitted that the petitioner and some other persons handed over six thieves to the police. He has further submitted that the police instead of arresting them, left three of them and ultimately planted this false case against the petitioner and co-accused. Notice of motion to the Advocate General, Punjab, for 14.1.2009. In the meanwhile, in the event of arrest, the accused-petitioner shall be released on interim anticipatory bail, by the Arresting Officer, on his furnishing the bail bonds, in the adequate sum, to his satisfaction and subject to the compliance of the provisions of Section 438 (2) Cr.P.C. Sd/- (Sham Sunder) Judge 24.12.2008”. Counsel for the State, on instructions from Surinder Singh, Assistant Sub Inspector, states that gold chain is to be recovered from the petitioner. In the FIR, allegation against the petitioner is that he has snatched mobile phone and chain from the complainant. The Investigating Officer states that mobile phone has been recovered. Criminal Misc. No. M-34237 of 2008 3 Counsel for the petitioner submits that no gold chain was snatched rather this was falsely pleaded in the FIR, which was recorded after a delay of four days. No ground is made out to vacate the order of pre-arrest bail granted to the petitioner by a Co-ordinate Bench of this Court vide order dated 24.12.2008, therefore, the same is affirmed till the presentation of report under Section 173 Cr.P.C. Thereafter, the petitioner shall be permitted to furnish regular bail bonds. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge January 14, 2009 “DK”