In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 32167 of 2008 Date of Decision:February 06, 2009 Kabul Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. M.K.Singla,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG, Punjab *** SABINA, J. Kabul Singh-petitioner has filed this petition under Section 438 of the Code of Criminal Procedure(hereafter referred to as 'Cr.P.C.') in FIR No. 421 dated 10.11.2008 under Sections 420, 406, 34 of the Indian Penal Code registered at Police Station Tripuri, Patiala. At the time of issuing notice of motion, this Court had passed the following orders:- “This petition under Section 438 Cr.P.C. has been filed seeking anticipatory bail to the petitioner in case FIR No. 421 dated 10.11.2008 under Sections 420, 406, 34 IPC, P.S. Tripri, Patiala.. In the FIR, allegation is that offence was Crl. Misc. No. M- 32167 of 2008 -2- committed by the petitioner, his son Jimmi and one driver Kamal. Truck and trolla of the complainant were allegedly taken way after deceiving the complainant. Contention of the learned counsel for the petitioner is that allegations are ex facie false in so much as Jimmi is just of 13 years of age and his feet do not even touch brake or clutch paddle of a truck. Learned counsel further states that the truck and trolla have been recovered from Kamal, the co- accused and, therefore, no useful purpose would be served by taking the petitioner in custody. Notice of motion for 8.1.2009. It is directed that in the event of arrest, the petitioner shall be enlarged on interim bail on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions:- (i)The petitioner shall make himself available for interrogation as and when required. (ii)The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii)The petitioner shall not leave India without the prior permission of the Court.” Learned State counsel has submitted that the petitioner has Crl. Misc. No. M- 32167 of 2008 -3- joined investigation and is not required for further investigation. Accordingly, interim bail granted by this Court on 8.12.2008 is confirmed. Petition stands disposed of accordingly. (SABINA) JUDGE February 06, 2009 PARAMJIT