Criminal Misc. No. M-27842 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-27842 of 2008 Date of Order: 06.02.2009 Manish Bhandari and another ...Petitioners Versus State of Punjab ..Respondent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Rajesh K.Dadwal, Advocate for the petitioners. Mr. C.S.Brar, DAG, Punjab RAJIVE BHALLA, J (Oral). Prayer in this petition, filed under Section 438 of the Code of Criminal Procedure, is for grant of anticipatory bail, in case F.I.R.No.113, dated 02.10.2008, registered under Sections 323, 324, 427, 379/ 34 of the Indian Penal Code at Police Station City, District Hoshiarpur. Counsel for the petitioners submits that the petitioners have been falsely implicated, as the allegations that the petitioners waylaid the complainant, manhandled and assaulted him and made away with a gold chain and Rs.20,000/-, are exaggerated and false. The complainant is the son of local politician, belonging to the ruling party and, therefore, the police are making every effort to arrest the petitioners by levelling false allegations. As the petitioners have joined investigation, the order granting interim bail be made absolute. Counsel for the State of Punjab submits that though the petitioners have joined investigation, the police have to recover a sum of Rs.20,000/- and the gold chain, stolen by the petitioners from the complainant's car. It is, therefore, prayed that in this view of the matter, the present petition be dismissed. Criminal Misc. No. M-27842 of 2008 -2- I have heard counsel for the parties and perused the FIR. The petitioners have joined investigation but counsel for the State of Punjab submits that as Rs.20,000/- and the gold chain are yet to be recovered, the present petition be dismissed. The allegations with respect to theft of Rs.20,000/- and a gold chain, appear to be prima-facie exaggerated or false, and have apparently been added so as to implicate the petitioners for a theft. The correctness of these allegations would be determined during the trial. An accused cannot be forced to effect a recovery under pain of arrest and penalised for not effecting a recovery. In view of what has been stated hereinabove, the order dated 24.10.2008 is made absolute, upto the filing of the challan, whereafter the petitioners would be required to seek regular bail. This petition stands disposed of accordingly. February 06, 2009 (RAJIVE BHALLA) nt JUDGE