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Judgment
The petitioners are seeking anticipatory bail in FIR No.23 dated 08.02.2017 under Sections 452 / 427 / 440 /
506 / 347 / 378 / 380 / 382 / 390 / 391 / 395 / 350 / 356 / 34 / 148 / 149 / 120-B
IPC registered at Police Station Bhawanigarh.
Learned counsel for the petitioners are masons and as per allegations in the FIR, there is a dispute about the boundary wall with the complainant and accused Des Raj and Balwant
Singh. The petitioners, who are masons, are stated to have carried out construction of the boundary wall at the behest of accused Des Raj and Balwant Singh. He further contends that the petitioners were earlier granted anticipatory bail, but due to illiteracy they could not understand the order and failed to make themselves available before the Investigating Officer. He further undertakes that petitioners will make themselves available to the Investigating Officer, as and when required.
This Court, by the order dated 08.08.2017, had directed the petitioners to join investigation and in the event of their arrest, they were ordered to be released on ad-interim bail to the satisfaction of Arresting/Investigating Officer, subject to the conditions envisaged under Section 438(2) Cr.P.C.
Learned State counsel, upon instructions from ASI Gurmeet Singh, states that in pursuance to the order dated 08.08.2017, the petitioners have joined investigation and are not required for custodial interrogation.
In view of the above and without expressing any opinion on the merits of case, the order dated 08.08.2017, granting ad-interim bail to the petitioners, is hereby made absolute. However, the petitioners shall abide by the conditions envisaged under Section 438(2) Cr.P.C.
The petition stands disposed of accordingly.