Crl. Misc. No. M- 6076 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 6076 of 2010 (O&M) Date of decision: March 31, 2010 Surender ...Petitioner Versus State of Haryana ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Pankaj Bali, Advocate, for the petitioner. Ms. Shalini Atri, DAG, Haryana. GURDEV SINGH, J. Heard. The petitioner, Surender son of Aflatun, has filed the present petition under Section 439 of the Criminal Procedure Code, for regular bail in FIR No. 241 dated 19.4.2009 registered at Police Station Chandni Bagh, Panipat, under Sections 406 and 420 IPC, in which offences under Sections 467, 468, 471 and 475/120B IPC were added subsequently. This FIR was registered on the statement of one Kanwardeen, regarding the theft of his tractor bearing No. HR06R-4423 and the trolley by one Arbi, to whom the same was given on hire basis. The present petitioner was not named in the FIR. According to the investigating agency, his name figured in the present case when he was arrested in other case bearing FIR No. 26 dated 27.1.2009 and made a confessional statement. For the same allegations, Chief Judicial Magistrate, Panipat, released the main accused earlier on bail vide order Crl. Misc. No. M- 6076 of 2010 2 dated 16.12.2009. Strangely, bail was refused to this petitioner, on the basis of the confessional statement made by him in the other FIR regarding his involvement alongwith the other persons regarding preparing of false documents and selling of the motor vehicles on the basis thereof. It is not the case of the investigating agency that such confessional statement was made before some independent witness but the same was made before the police, which is not admissible. When the main accused has been released on bail, there is no question for refusing that benefit to the present petitioner. Accordingly, the present petition is allowed. He is ordered to be released on bail to the satisfaction of the Duty Magistrate/Illaqa Magistrate, Panipat, subject to the following conditions:- (i) he 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 officers; and (ii) he shall not leave India without the previous permission of the Court. March 31, 2010 (GURDEV SINGH ) prem JUDGE