Criminal Misc. No. M-7581 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-7581 of 2010 Date of decision : 30.04.2010 Ashish Kumar ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Jaideep Verma, Advocate for the petitioner. Mr. J.S. Puri, Additional Advocate General, Punjab. RAJAN GUPTA J. (ORAL) This is a petition praying for pre-arrest bail in a case registered against the petitioner in a case registered vide FIR No. 169 dated 21.10.2008 under Sections 468, 420, 467 & 471 IPC at Police Station Shaheed Bhagat Singh Nagar (Nawanshahr). Allegations against the petitioner is that he was working as Assistant to Urvinder Singh @ Sonu Talwar, agent of HDFC Bank, who got prepared one extra set of loan documents from the complainant and then took the Indica car bearing No. PB-12 K-2723 through Globizz Marketing Private Ltd. company which was a sister concern of RSA Motors Pvt. Ltd., Chandigarh and Ashish Kumar (petitioner) was working as Manager of RSA Motors Pvt. Branch at Ropar as such, he took car No. PB-12K-2723 on the extra set of loan documents which were got prepared fraudulently from the complainant. Learned counsel for the petitioner has argued that petitioner has been falsely implicated in the case and he has no role to play in the commission of crime. He further submits that co-accused Urvinder Singh Criminal Misc. No. M-7581 of 2010 2 @ Sonu Talwar has been granted the concession of anticipatory bail vide order Annexure P-16. Learned State counsel has, however, opposed the prayer for bail on the ground that earlier petition for pre-arrest bail preferred by the petitioner was dismissed on the ground that he did not cooperate with the investigating agency despite protective order granted to him. Learned counsel further submits that custodial interrogation of the petitioner is necessary as all the documents pertaining to crime are in possession of the petitioner. He has further submitted that proceedings for declaring the petitioner proclaimed offender are also pending. I have heard learned counsel for the parties. It appears that FIR was registered on 21.10.2008 under Sections 468, 420, 467 & 471 IPC. The petitioner, thereafter, approached this court for pre-arrest bail. He was granted a protective order by this court and was granted repeated opportunities to join investigation and cooperate with the investigating agency. The petitioner, however, failed to do so. He, therefore, cannot claim parity with co-accused Urvinder Singh @ Sonu Talwar. This apart, proceedings for declaring him proclaimed offender are also pending. The FIR was registered in Octorber, 2008 and the petitioner has succeeded in evading the process of law for a fairly long time. This apart, learned counsel has unable to show how the second petition for pre- arrest bail is maintainable. In my considered view, the petitioner is not entitled to concession of pre-arrest bail. Dismissed. April 30, 2010 (RAJAN GUPTA) Ajay JUDGE