IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-5604 of 2009 Date of decision: 20th March, 2009 Balwinder Masih @ Billu … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ritesh Pandey, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioner in case FIR No. 149 dated 24.12.2008 registered at Police Station SRI Hargobindpur, District Batala under Sections 457, 380 IPC. On March 2, 2009, this Court had passed the following order: “Counsel for the petitioner contends that 21 mobiles worth Rs.30,000/- were stolen. Five persons were named in the FIR, and petitioner is one of them. Three persons were arrested and were granted bail. Counsel further states that there is no evidence with the prosecution regarding the involvement of the petitioner with the alleged crime. Issue notice of motion to learned Advocate General, Punjab, for 20.3.2009. Criminal Misc. No. M-5604 of 2009 Meanwhile, in the event of arrest, petitioner shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioner shall join investigation as and when called for. Petitioner shall also abide by the conditions specified under Section 438(2) Cr.P.C.” Counsel for the State, on instructions from HC Jaswinder Singh, states that petitioner has joined the investigation but recovery of mobile phone is yet to be effected. On a query put by this Court, it has been stated that from co-accused of the petitioner, five mobile phones were recovered. Counsel for the petitioner states that no mobile phones are in his possession. However, to show his bonafide, he will deposit Rs.20,000/- in the trial Court, subject to final out come of the case, without prejudice to his defence. Taking into consideration the statement made by the counsel for the petitioner, interim bail granted to the petitioner vide order dated March 2, 2009 is made absolute till submission of report under Section 173 Cr.P.C. (challan). Thereafter, petitioner will be permitted to furnish regular bail bonds to the satisfaction of the trial Court. The amount shall be deposited in the trial Court within three weeks from today. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE March 20, 2009 rps 2