JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral) - Petitioners-Rajesh Kumar @ Boby and Arun, have preferred the instant petition for the grant of anticipatory bail in a case registered against them, by way of FIR No.32 dated 01.03.2012, for the commission of offences punishable under Sections 307 and 34 IPC (subsequently offence punishable under Section 307 IPC was changed into Section 308 IPC), by the police of Police Station Cantt. Ferozepur, invoking the provisions of Section 438 Cr.P.C. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the petitioners are entitled to the concession of anticipatory bail in this context. 4. As is evident from the record that, injured-Mustaffa @ Ramesh Kumar made the statement(Annexure P-2) that on 30.12.2010, he was under the influence of liquor and received the injuries due to fall. Strange enough, the police has converted and registered the instant case on 01.03.2012 under Section 308 /34 IPC. Under these circumstances, the possibility of false implication of the petitioners cannot be ruled out, at this stage. Moreover, during the course of preliminary hearing, a Coordinate Bench of this Court (Rameshwar Singh Malik, J.) passed the following order on 29.08.2012:- “Learned counsel for the petitioners relies upon the statement Annexure P-2, to contend that a manipulated story was put-forth in the FIR at a much belated stage. Notice to A.G.Punjab, for 11.10.2012. In the meantime, in the event of arrest, the petitioners shall be released on interim pre-arrest bail to the satisfaction of Arresting/Investigating Officer, subject to further conditions provided under Section 438(2) Cr.P.C. The petitioners shall join the investigation and cooperate with the investigating agency, as and when required.” 5. At the very outset, learned State Counsel has submitted on the instructions from ASI Ashwani Kumar, that the petitioners have already joined the investigation. They are no longer required for further interrogation, at this stage. There is no history of their previous involvement in any other criminal cases. 6.
At the very outset, learned State Counsel has submitted on the instructions from ASI Ashwani Kumar, that the petitioners have already joined the investigation. They are no longer required for further interrogation, at this stage. There is no history of their previous involvement in any other criminal cases. 6. In the light of aforesaid reasons, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioners by this Court, by virtue of order dated 29.08.2012 is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C. Needless to mention that, in case, the petitioners do not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of their bail, in this respect.