IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-2990 of 2009
Date of decision: 20th February, 2009
Om Parkash
... Petitioner
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. A.K. Khunger, Advocate for the petitioner.
Mr. Mehardeep Singh, Assistant Advocate General Punjab for
the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
On February 2, 2009, this Court had passed the following
order:
“It is submitted that no specific role has been assigned
to the petitioner though the mob had gathered there and
thrown brick bats and put the car on fire. Counsel further
submits that Vijay Pal alias Rai Sahib has been granted
regular bail. It is further submitted that the person who died
belong to the members of the mob, therefore, Section 304 IPC
is not attracted qua the petitioner.
Issue notice to learned Advocate General, Punjab, for
20.2.2009.
Meanwhile, in the event of arrest, petitioner shall be
released on interim bail to the satisfaction of the Arresting
Officer. Petitioner shall join investigation as and when called
for. Petitioner shall also abide by the conditions specified
under Section 438(2) Cr.P.C.”
Criminal Misc. No. M-2990 of 2009
Mr. Mehardeep Singh, AAG Punjab on instructions from HC
Balwinder Singh, Police Station Abohar, states that petitioner has joined
the investigation and he is no longer required for further custodial
interrogation.
For the reasons stated in order dated February 2, 2009 and in
view of the statement made by counsel for the State, interim bail granted to
the petitioner Om Parkash vide order dated February 2, 2009 is made
absolute till submission of report under Section 173 Cr.P.C. (challan).
Thereafter, his prayer for regular bail shall be decided by the trial Court on
merits.
With these observations, present petition is disposed off.
Co-accused of Om Parkash has filed Criminal Misc. No.M-
4851 of 2009. Since Investigating Officer is present in Court to assist the
counsel for the State, therefore Criminal Misc. No.M-4851 of 2009 is also
taken up along with Criminal Misc. No.M-2990 of 2009.
Counsel for the State has stated that the role of the petitioner
is identical and pre-arrest bail can be granted to the petitioner.
Accordingly, accused Ram Saroop is granted pre-arrest bail till
presentation of report under Section 173 Cr.P.C. (Challan), subject to his
joining investigation. Thereafter, his application for regular bail shall be
decided by the trial Court on merits of the case.
In view of this, Criminal Misc. No.M-4851 of 2009 is also
disposed off along with Criminal Misc. No.M-2990 of 2009.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
February 20, 2009
rps
