Cr.Misc. NO. M 30479 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO. M 30479 of 2008 DATE OF DECISION 22.4.2009 Farid and another ......PETITIONER VERSUS State of Haryana ......RESPONDENTS PRESENT: Mr. Sarfraz Hussain, Advocate Mr. PM Anand, Addl.A.G.Hry Mr. Vipul Aggarwal, Advocate. M.M.S.BEDI,J. The petitioners seek the concession of pre-arrest bail in a case registered at the instance of Sunil Kumar alleging that the petitioners were employed as Drivers on his truck and that they had embezzled the amount, which was handed over to them by the complainant for depositing with the Finance Company known as Shri Ram Finance Company, Alwar. The allegations against the petitioners is that they have taken away the truck without the complainant's consent. Learned counsel for the petitioners has submitted that as a matter of fact the petitioners are the actual owners having purchased the truck in the name of the complainant but the complainant having not transferred the truck in the name of the petitioners, as agreed to earlier, they had stopped making payments of EMIs to the above said finance company. The petitioners claim that they had actually been paying the installments from the very beginning and they are even ready to pay the remaining installments, being in actual physical possession of the truck. Learned counsel for the complainant has raised a dispute Cr.Misc. NO. M 30479 of 2008 2 regarding the version put forth by the petitioners in the court. Without entering into the disputed question of facts regarding the ownership of the case property, this petition can be allowed as it does not appear to be a case of custodial interrogation of the petitioners. Accordingly, the petition is allowed and it is ordered that in case of arrest of the petitioners, they will be admitted to bail to the satisfaction of the arresting officer subject to the condition that they will appear before the investigating officer as and when required by the police and will not tamper with evidence or hamper the investigation at any stage. The petitioners will hand over the possession of truck bearing No.HR-55C- 5800 (ten tyres truck EX-C 2515 DT) within a period of 20 days to the investigating officer. Any observation, made by this court, should not be considered as an expression of opinion regarding the ownership of the truck. Any observation made in this order is merely for adjudication of this petition. April 22 ,2009 ( M.M.S.BEDI ) TSM JUDGE