IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.26708-M of 2008 DATE OF DECISION : DECEMBER 17, 2008 ASI GURMAIL SINGH ....... PETITIONER(S) VERSUS STATE OF PUNJAB .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. HR Nohria, Advocate, for the petitioner(s). Mr. HS Brar, DAG, Punjab. AJAI LAMBA, J. (Oral) This petition under Section 438, Code of Criminal Procedure, seeks bail in FIR No.68 dated 16.8.2008 under Section 409, Indian Penal Code, Police Station, Sherpur, District Sangrur. Learned counsel for the petitioner contends that the petitioner lost his service pistol and has already deposited the cost of the pistol in departmental proceedings, therefore, he is entitled to bail. The petitioner has even been punished in departmental proceedings by way of a major punishment. Learned counsel for the respondent-State has indicated that while proceeding on leave, the petitioner, being from a disciplined force, was required to deposit the fire-arm. The petitioner, however, did not Criminal Misc.26708-M of 2008 2 deposit the service weapon along with 30 rounds of 9 mm bore. I have considered the contentions of the learned counsel for the parties. Even though the petitioner might have deposited the value of the service weapon, he cannot be allowed bail under Section 438, Code of Criminal Procedure, by way of denying an opportunity to the Investigating Officer to interrogate the petitioner in police custody so as to get to the bottom of the entire incident. The FIR has been lodged at the instance of Senior Superintendent of Police, Barnala. It is not in dispute that the petitioner could not have taken the service weapon with him while proceeding on leave, however, he did that. The petition is dismissed. December 17, 2008 ( AJAI LAMBA ) Kang JUDGE