- (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. 78 dated 21.5.2010 registered at Police Station Sadar Malout under Sections 307, 324, 323, 148, 149 IPC and Sections 25/27/54/59 of the Arms Act.
(2.) On 21.3.2011, a Co-ordinate Bench had passed the following order: Learned Counsel for the Petitioner states that accused in the cross-case have already been enlarged on anticipatory bail vide orders dated 15.07.2010 and 19.08.2010. He has further contended that in the cross-case against the Petitioners, no offence punishable under Section 307 of the Indian Penal Code is found and Section 326 IPC is invoked against the Petitioners. Learned Counsel further states that civil suit is already pending between the parties. Notice of motion for 21.4.2011. Meanwhile, it is directed that in the even of arrest of the Petitioners, they shall be released on bail on furnishing their personal bonds and one surety of Rs. 20,000/-each to the satisfaction of the Arresting Officer, subject to the conditions provided under Section 438(2) of the Code. Petitioners shall participate in the investigation as and when they are required. 2. Counsel for the State, on instructions from ASI Makhan Singh, Police Station, Gidderbaha has stated that now Village Fakkarsar falls within the jurisdiction of Police Station Gidderbaha. It is further stated that the Petitioners have joined the investigation and are 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 Petitioners shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court.;