IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-1796 of 2010 Date of decision : 21.5.2010 Feroz ….. Petitioner Versus State of Haryana ….. Respondent Present : Mr. Chander Shekher, Advocate for Mr. Rajesh Bansal, Advocate for the petitioner. Mr. KC Gupta, Sr. DAG, Haryana. *** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on 13.10.2009 at Police Station Samalkha, District Panipat for the offences under Sections 457 and 380 Indian Penal Code. The FIR in the case has been registered on a complaint made by Ram Kumar son of Mohar Ram. It is stated that he resides in his house at village Hathwala. He had given his Jujube garden on lease to Mohammed son of Bona Musalman resident of village Kavlya (UP) for a period of 2 years. On the intervening night of 12/13.10.2009 about six persons came to the village while they were sleeping and the said persons took away the buffalos of the complainant which were tied in the garden and they also took away the jewellery from the house of the complainant. When the Crl. Misc. No. M-1796 of 2010 [2] complainant woke up, he found that the buffalos had been taken across the Yamuna. The complainant followed them but he could not be found. Mohammed son of Bona Musalman also searched for the buffalos. According to learned counsel for the petitioner, the petitioner is not named in the FIR. Besides, he was arrested by the Police of Police Station Chhaprauli and had remained in custody for two months. However, the police of Police Station Samalkha did not join him in the investigation of the present case. It is submitted that the police only wants to plant some recovery. The petitioner in view of the said contentions as raised was granted interim bail by this Court vide order dated 21.1.2010 with the direction to appear before the Investigating Officer on 25.1.2010 at 10.00 a.m. and continue to do so thereafter as and when called. Learned State counsel has submitted Photostat copies of notices issued to the petitioner under Section 160 of the Code of Criminal Procedure on 10.4.2010, 11.5.2010 and 18.5.2010. It is submitted that despite the said notices, the petitioner has not appeared before the Investigating Officer. It is also submitted that the petitioner never appeared after the interim bail was granted on 21.1.2010 and despite directions of this Court to appear on 25.1.2010. The learned Public Prosecutor at the time of hearing of the application for the grant of pre-arrest bail before the learned Additional Sessions Judge, Panipat had submitted that the name of the petitioner figured in the disclosure statements of the co-accused namely Shaqeel and Saddam made before the Police of Police Station Chhaprauli and the petitioner along with them had stolen the buffalos from Haryana. It was Crl. Misc. No. M-1796 of 2010 [3] also submitted that silver ornaments were to be recovered from the petitioner. The learned Additional Sessions Judge, Panipat in his order dated 24.12.2009 (Annexure P1) observed that recovery of silver ornaments was to be effected from the petitioner; besides, the place of theft was to be got demarcated from him. As such, his custodial interrogation was necessary in the case. As regards the arrest of the petitioner by the Police of Police Station Chhaprauli and his remaining in their custody, it was observed would not confer any right to the petitioner to be granted anticipatory bail. In view of the aforesaid facts and circumstances and the fact that despite interim bail granted to the petitioner by this Court, he has not appeared before the Investigating Officer, the present petition is devoid of merit and is accordingly dismissed. (S.S. SARON) JUDGE May 21, 2010 amit