Maiya Ram And Others vs State Of Punjab on 23 January, 2009

Criminal Misc. No. M-30112 of 2008                                       1




      In the High Court of Punjab and Haryana, at Chandigarh.


                    Criminal Misc. No. M-30112 of 2008

                       Date of Decision: 23.1.2009


Maiya Ram and Others
                                                                ...Petitioners
                                      Versus
State of Punjab
                                                              ...Respondent


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. C.M. Munja, Advocate
         for the petitioners.

          Mr. Mehardeep Singh, Assistant Advocate
          General, Punjab, for the State.


Kanwaljit Singh Ahluwalia, J. (Oral)

On 25.11.2008, a Co-ordinate Bench of this Court passed the

following order:-

“Present: Mr. C.M. Munjal, Advocate
for the petitioners.

Mr. A.S. Brar, DAG, Punjab
for the State.

Mr. G.S. Gill, Advocate
for the complainant.

The petitioners have not been otherwise

assigned any specific role, but are generally

accused of having thrown brick-bats. When

questioned as to from where they got the brick-bats,
Criminal Misc. No. M-30112 of 2008 2

State counsel points out that they demolished the

wall and threw brick-bats. Counsel for the

complainant points out that this is not the first time

they have done so, but on earlier occasion also, they

had taken similar sort of action for which an FIR was

registered. Despite query, no further role has been

assigned to the petitioners.

Adjourned to 23.1.2009.

In the meanwhile, in the event of arrest of

the petitioners, they shall be released on anticipatory

bail to the satisfaction of the Arresting Officer,

subject to the conditions contained in Section 438

(2) Cr.P.C. They will join the investigation as and

when required.

Sd/-

(Ranjit Singh)
Judge
November 25, 2008″

Mr. Munjal submits that offence under Section 307 IPC has

been omitted during the course of investigation.

Mr. Mehardeep Singh, learned Assistant Advocate General,

Punjab, on instructions from Balbir Singh, Head Constable, submits that

petitioners have joined investigation and they are no longer required for

custodial interrogation.

In view of order dated 25.11.2008 passed by a Co-ordinate

Bench of this Court and statement made by counsel for the State,

interim pre-arrest bail granted to the petitioners is affirmed till the
Criminal Misc. No. M-30112 of 2008 3

presentation of final report under Section 173 Cr.P.C. Thereafter, the

petitioners shall be permitted to furnish regular bail bonds.

With the observations made above, the present petition is

disposed off.

(Kanwaljit Singh Ahluwalia)
Judge
January 23, 2009
“DK”