Criminal Misc. No. M-36702 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-36702 of 2010 Date of decision : 04.01.2011 Baljit Singh ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sandeep Arora, Advocate for the petitioner. Dr. U.S. Dhaliwal, Additional Advocate General, Punjab. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking anticipatory bail in a case registered against the petitioner vide FIR No. 128 dated 11.08.2010 under Sections 406 & 407 IPC at Police Station Dinanagar, Gurdaspur. Learned counsel for the petitioner has argued that the petitioner was not involved in the occurrence in any manner and thus custodial interrogation is not required. According to him, recovery of goods in question was effected even prior to lodging of the FIR and thus petitioner is entitled to concession of pre-arrest bail. Learned State counsel on the other hand has opposed the prayer for bail. He submits that petitioner was transporting 300 bags of wheat which were to be delivered to Kathua but instead of delivering the same he took the truck beyond the border of Punjab and was later apprehended in Criminal Misc. No. M-36702 of 2010 2 Jammu and Kashmir near Kathua. He submits that in view of the allegations custodial interrogation of the petitioner is required. Heard. It appears that the case was instituted on a written complaint made by Satish Gupta, AGI Depot, Depot Incharge FCI Dinanagar, alleging that 300 bags of wheat were loaded on one truck. It was noticed later that the same had been loaded on the basis of forged documents from Dinanagar and was to be delivered at the depot at Kathua. Even registration of the truck was not in existence. It was apprehended that distance between Dinanagar and Kathua would be covered within 2-3 hours thus wheat loaded in the truck would be misappropriated. Thus a report was lodged. Pursuant to same, investigating machinery came into motion and apprehended the truck after it had crossed the border. In the facts and circumstances of the case, I am of the considered view that no case for enlarging the petitioner on bail is made out. The petition is devoid of merit and is hereby dismissed. January 04, 2011 (RAJAN GUPTA) Ajay JUDGE