Criminal Misc. No. M-37345 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-37345 of 2010 Date of decision : 27.04.2011 Pawan Kumar ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Siddharth Gupta, Advocate for the petitioner. Mr. Shilesh Gupta, Deputy Advocate General, Punjab. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioner vide FIR No. 428 dated 24.11.2010 under Sections 420 & 120-B IPC at Police Station Kotwali, Patiala. Learned counsel for the petitioner has argued that petitioner has already joined the investigation and the case is based on documentary evidence. He submits that custodial interrogation of the petitioner is thus not required and he is entitled to concession of pre-arrest bail. Learned State counsel has opposed this prayer. He submits that the allegations against the petitioner are serious. According to him, petitioner obtained a loan on property after mortgaging the same with the Punjab and Sind Bank. However, he did not repay the loan and sold the property to co-accused. He, on instructions from S.I. Kuljit Singh, who is Criminal Misc. No. M-37345 of 2010 2 present in court, further submits that pursuant to interim bail granted to the petitioner, he appeared before the investigation officer but did not cooperate. I have heard learned counsel for the parties. The allegation against the petitioner is that on being unable to repay the loan advanced by the bank, he sold the mortgaged property to co- accused. The entire commission of crime came to light when a complaint is being lodged by State Bank of India as the co-accused had taken loan from the State Bank of India against the same property. In view of nature of allegations against the petitioner, I am of the considered view that petitioner is not entitled to concession of pre-arrest bail. The petition is devoid of merit and is hereby dismissed. April 27, 2011 (RAJAN GUPTA) Ajay JUDGE