Present:- Mr.Anil Chaudhary vs Unknown on 9 September, 2009

                     Crl. Misc. No.M-21833 of 2009(O&M)

                      Avtar Singh versus State of Punjab

Present:-    Mr.Anil Chaudhary, Advocate for the petitioner.

             Mr. B.B.S.Teji, AAG, Punjab.


             This is a petition under Section 438 Cr.P.C praying for release

of the petitioners on bail in case FIR No. 113 dated 14.7.2009 under Section

381 IPC registered at PS. Dirba, District Sangrur.

             It is contended by the learned counsel for the petitioner that

initially he was granted concession of anticipatory bail and he has joined

investigation 3 to 4 times yet nothing was recovered from him. Further

contends that investigation has been handed over to CIA staff which has

also interrogated him. He further contends that FIR was lodged after three

months of the occurrence and his name has been mentioned on the basis of

suspicion. Further contends that since the petitioner has already joined

investigation he deserves the concession once again as he is willing to join

the investigation.

             Noticing these contentions, this Court on 11.8.2009 has granted

interim protection to the petitioner subject to the condition that he joins

investigation to the satisfaction of the Investigating Officer.

             Now it is contended by the learned counsel for the petitioner

and not controverted by the learned counsel for the State on instructions

from SI Baldev Singh that the petitioner has joined the investigation. Even

though it has been stated by the learned counsel for the State that articles

have not been recovered.

             Having regard to the aforesaid facts that petitioner has joined

the investigation pursuant to the order dated 11.8.2009 and on earlier

occasions also he has joined investigation, this Court is of the considered
 Crl. Misc. No.M-21833 of 2009(O&M)                          2



opinion that no fruitful purpose will be served by exposing him to arrest.

Hence, the present petition is allowed and interim directions dated

11.8.2009

are hereby made absolute however subject to the condition that

petitioner continues to comply with the conditions as envisaged under

Section 438(2)Cr.P.C.

September 9, 2009                               (Mahesh Grover)
rekha                                               Judge