Kanwaljit Singh Ahluwalia, J. - (1.) THE present petition has been filed under Section 438 Code of Criminal Procedure for grant of pre -arrest bail to the Petitioner in case FIR No. 26 dated 10.2.2011 registered at Police Station Chandimandir, District Panchkula under Sections 379, 188, 120 -B IPC and Section 21 of the Mines Act, 1952.
(2.) ON 18.3.2011, a Co -ordinate Bench had passed the following order: Learned Counsel for the Petitioner states Sections 379 and 188 Indian Penal Code have been wrongly invoked, for an offence punishable under Section 21 of the Mines and Minerals (R and D) Act, 1957. He further states that custodial interrogation of the Petitioner is totally unjustified in the present matter. Learned Counsel for the Petitioner while placing reliance on the judgment of Hon'ble the Apex Court in the matter of Siddharam Satlingappa Mehtre v. State of Maharashtra, 2011 (1) RCR 126 has argued irrational and indiscriminate arrest are gross violation of human rights. Notice of motion for 21.4.2011. Meanwhile, in the event of arrest of the Petitioner, he shall be released on bail by the Investigating Officer on furnishing their personal bonds and one surety each to the satisfaction of the Investigating Officer, subject to the limitations provided under Section 438(2) of the Code. Petitioner -accused shall participate in the investigation as and when he is required. Counsel for the State, on instructions from HC Rajpal, Police Station Chandimandir has stated that the Petitioner has joined the investigation and is no longer required for custodial interrogation.
(3.) FOR the reasons stated in order dated 21.3.2011 and the statement made by counsel for the State, order dated 21.3.2011 is made absolute till the submission of report under Section 173 Code of Criminal Procedure (Challan), subject to conditions as provided under Section 438(2) Code of Criminal Procedure Thereafter, the Petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court.;