RAM CHAND GUPTA - (1.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no. 95 dated 13.08.2010, under Sections 302/341/323/148/149 IPC, registered at police station Raman, District Bathinda.
(2.) I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Bathinda dismissing anticipatory bail application filed by the petitioners. This Court while issuing notice of motion on 23.04.2012 passed the following order:- "Crl.M.No.21531 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-10480 of 2012 Contends that as per allegations in the FIR, complainant had seen only four persons, though he has not mentioned their names as well. It is further submitted that it was a day time and hence complainant specifically told number of assailants as only four. Further submitted that names of present petitioners have not been mentioned even in subsequent statements. However names of petitioners have been mentioned for the first time in the supplementary statement of Gurmeet Singh PW, who has stated that there were seven persons besides a woman and, however, he has also not named the petitioners. However, later on he suffered supplementary statement, in which he named petitioners. Further submitted that police after investigation found petitioners innocent and, however, they have been summoned to face trial by learned trial Court by allowing application filed under Section 319 Cr.P.C. It is further submitted that petitioner no.2 is a widow having a 12 years old son and she was married 16 years ago to one Gurtej Singh, who expired on 31.12.2005, and she was employed on compassionate ground in the postal department in the Post Office at Raman Mandi. It is further submitted that petitioner no.1 resides in Village Banwala, whereas deceased is resident of village Jajjal and he never had an opportunity to meet the deceased and he is also being falsely implicated at the instance of complainant later on. It is further submitted that similarly placed co-accused Kala Singh, who was even challaned by the police, was granted relief of anticipatory bail by a coordinate Bench of this Court vide order dated 4.1.2011 passed in Crl.M.No.M-35884 of 2010. It is further contended that petitioners are ready to appear before learned trial Court and face trial. Notice of motion to Advocate General, Punjab, for 30.5.2012. In the meantime, petitioners are directed to appear before learned trial Court on 27.4.2012, which is stated to be the date fixed before trial Court and in case they so appear and apply to bail, learned trial Court is directed to admit them on interim bail subject to any conditions that may deem to be imposed by it."
(3.) IT has been contended by learned counsel for the petitioners that petitioners have already appeared before learned trial Court on 27.04.2012 pursuant to said order and admitted to interim bail. Certified copy of the order dated 27.04.2012 has also been placed on record. He has further contended that they will continue to appear before learned trial Court and face trial.;