- (1.) this Court, on March 12, 2012, had passed the following order: The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case FIR No. 253 dated 21.12.2011, registered at Police Station City Moga, under Sections 307 & 34 IPC and Section 25 of the Arms Act, 1959 (hereinafter referred to as "the Act"). Learned Counsel for the petitioner contends that as per the version of the complainant, the petitioner had fired two shots which hit rear side of the tractor. Learned Counsel submits that it is a case of no injury, hence, the offence under Section 307 IPC is not made out against the petitioner. Further submits that allegations of theft have been falsely levelled against the petitioner due to property dispute pending between the complainant and the accused. It is submitted that the parties are already embroiled in a civil litigation. Considering the fact that in the occurrence, no injury has been caused, issue notice of motion to the Advocate General, Punjab, for 26.3.2012. Meanwhile, in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall, however join the investigation as and when called for and he will also abide by the conditions as specified under Section 438 (2) Cr.P.C. Counsel for the State, on instructions from Iqbal Hussain HC, Police Station City Moga, states that the petitioner has joined the investigation and is no longer required for custodial interrogation by the investigating agency.
(2.) For the reasons stated in order dated March 12, 2012 and in view of the statement made by Counsel for the State, the present petition is accepted. The interim bail granted to the petitioner vide order dated March 12, 2012 is made absolute and it is ordered that in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting/investigating officer. However, he shall continue to appear before the investigating agency as and when called-for till filing of a report under Section 173 Cr.P.C. He shall also abide by the conditions specified under Section 438 (2) Cr.P.C. On submission of the report under Section 173 Cr.P.C., the petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court.;