Criminal Misc.-M No. 28271 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No. 28271 of 2011(O&M) Date of Decision: 29.11.2011 Mohammad Zulafkar ...Petitioner Versus State of Punjab ..Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Mohd. Yousaf, Advocate for the petitioner. Mr. B.B.S. Teji, Senior Deputy Advocate General, Punjab. …… RAJESH BINDAL, J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner in FIR No. 69 dated 29.7.2011 registered under Sections 379/411 IPC at Police Station Jamalpur, District Ludhiana. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated along with his brother and brother-in-law. In fact, his brother and brother-in-law were picked up by the police on 26.07.2011 and telegram to that effect was sent by the wife of the petitioner to this Court, Punjab State Human Rights Commission, Director General of Police, Punjab and Additional Director General of Police Internal Vigilance, Punjab. It is thereafter that the FIR in question was registered on secret information. Though his brother and brother-in-law were shown to be arrested from the spot but they were already in custody. The petitioner is shown to have run away despite nakabandi put, after receipt of information from a secret in- former. The recovery of alleged stolen articles has already been made. In fact, there is no FIR registered prior in time showing that any of the material allegedly recovered from the co-accused had been stolen. The material re- covered is five electric motors, five tullu pumps and one Nokia mobile. The Criminal Misc.-M No. 28271 of 2011 2 co-accused, who were arrested have already been released on regular bail. The petitioner is, in fact, working in a factory. On the other hand, learned counsel for the State submitted that the FIR was registered on the receipt of secret information. Three of the ac- cused were arrested from the spot. The petitioner was earlier also involved in FIR No. 268 dated 14.8.2009 registered under Sections 399/402 IPC, where he was released on bail after three months of custody and is facing trial. Con- sidering the allegations against the petitioner, he does not deserve conces- sion of pre-arrest bail. After hearing learned counsel for the parties and considering the fact that it is claimed by the police that though nakabandi was put, still, the petitioner managed to escape from the place of occurrence from where three other accused were arrested; recovery is shown to be five electric motors, five tullu pumps and one Nokia mobile; the other co-accused have already been released on regular bail, in my opinion, the petitioner deserves conces- sion of pre-arrest bail. He is directed to appear before the Investigating Offi- cer on 06.12.2011 at 10.00 a.m. to join investigation and in case of arrest, he shall be released on furnishing of bail bonds to the satisfaction of the Arrest- ing/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438 (2) Cr.P.C. The petition stands disposed of. (RAJESH BINDAL) JUDGE 29.11.2011 sharmila