Alok Singh, J. - (1.) THIS Court on 16.12.2010 has passed the following order: Prayer under Section 438 Cr. P.C. is for grant of anticipatory bail on behalf of Amanjot Singh - Petitioner, who is a 19 years old student of Polytechnic College, in case FIR N.275 dated 1.12.2010 under Sections 307, 356, 506, 148, 149 IPC, PS Sarabha Nagar, Ludhiana. As per allegations in the FIR lodged by Manmohan Singh Sandhu, he had gone to attend a birthday party at a restaurant where another group of students had also come to attend another party. A fight is alleged to have ensued and Petitioner Amanjot Singh along with co -accused Balvinder Singh are alleged to have caught hold of the complainant while co -accused Shubham caused a blow with a beer bottle on his forehead. Learned Counsel for the Petitioner submits that immediately after the incident at the time of his examination by the doctor, the complainant has given the history of having suffered the injury at the hands of unknown persons. It is submitted that thereafter the FIR has been lodged after a delay of 26 hours. It is further submitted that even otherwise the alleged incident has taken place on the spur of moment and keeping in view the nature of injury, which has been declared to be simple in nature and the alleged weapon used, no offence under Section 307 IPC is made out. Notice of motion for 25.1.2011. In the event of arrest, the Petitioner shall be released on bail to the satisfaction of the Arresting/Investigating Officer. Petitioner shall appear before the I.O. as and when called upon for investigation and shall also be bound by all the conditions as contained in Section 438(2) Cr. P.C.
(2.) NOW , learned Additional Advocate General, Punjab on the instructions of ASI Rachhpal Singh states that the Petitioner has jointed investigation pursuant to the order dated 16.12.2010. Considering totality of the facts and circumstances of the case, present petition is allowed. Order dated 16.12.2010 is made absolute, 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.;