Crl. Misc. -M No. 26755 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. -M No. 26755 of 2011 (O&M) Date of Decision: 21.9.2011 Suedesh Pal ..Petitioner. Vs. State of Haryana ..Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present : Mr. Pravindra Singh Chauhan, Advocate for Mr. Sanjeev Kumar Panwar, Advocate for the petitioner. Mr. S.S. Goripuria, Deputy Advocate General, Haryana. RAJESH BINDAL, J. Learned counsel for the petitioner submitted that the FIR has been got registered with false allegations. In fact, one of the accused named in the FIR had already filed a civil suit for injunction restraining the complainant party from interfering into their possession of suit property whereas brother of the complainant had filed a suit for possession thereof which itself shows that they were not in possession of the property in question. Hence, no question of trespassing or stealing of the articles therefrom is made out. The allegation against the petitioner that he was carrying a gun, is also incorrect as licensed weapon which the petitioner possessed, had been deposited by him with the arms and ammunition dealer on 13.2.2011 much before registration of the FIR. Learned counsel for the State submitted that considering the allegations against the petitioner in the FIR, he does not deserve the concession of pre-arrest bail. However, he fairly stated that all other accused were granted regular bail. After hearing the learned counsel for the parties and considering the submissions made above, in my opinion, the petitioner is not required to be taken into custody for interrogation. He is directed to appear before Investigating Officer on 1.10.2011 at 10 A.M. to join investigation. In case of arrest, he shall be released on furnishing of bail Crl. Misc. -M No. 26755 of 2011 -2- bonds to the satisfaction of Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. ( Rajesh Bindal ) 21.9.2011 Judge Meenu