Cr.Misc. NO. M 32745 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO. M 32228 of 2008 DATE OF DECISION : 12.2.2009 Gurjant Singh ......PETITIONER VERSUS State of Punjab ......RESPONDENTS PRESENT: Mr. Balwinder Singh, Advocate for Mr. HS Rakhra, Advocate Ms. Rajni Gupta, DAG, Pb M.M.S.BEDI,J. The petitioner apprehends arrest in a case registered at the instance of Jasbir Singh alleging that he had purchased a motor from the petitioner Gurjant Singh on 16.7.2007 by paying him a sum of Rs.12,000/- in cash. Monthly installment @1350/- was to be paid with the bank. Though the complainant had been paying the EMIs, the petitioner has stolen the motor cycle when it was parked out side the police station. Learned counsel for the petitioner has contended that the petitioner is inimical to one Nirmal Singh and the story of the prosecution is the brain child of Nirmal Singh to involve the petitioner in the case. Learned counsel for the petitioner has relied upon the challan of the motor cycle (Annexure P-1), copy of the registration certificate (Annexure P-2), sale certificate showing hypothecation and the statement of the account indicating that he had been depositing the installments @ 1580/- per month and not Rs.1350/-. Cr.Misc. NO. M 32745 of 2008 2 After hearing learned counsel for the parties, I am of the opinion that it will be a moot point during trial whether the registered owner of the vehicle can be said to have stolen the same vehicle despite being himself the owner. The petitioner has joined the investigation. It does not appear to be a case of custodial interrogation. Accordingly, the petition is allowed and it is ordered that in case of arrest of the petitioner, he will be admitted to bail to the satisfaction of the arresting officer subject to the condition that he 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. February 12 ,2009 ( M.M.S.BEDI ) TSM JUDGE