IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.23480-M of 2008 DATE OF DECISION : OCTOBER 21, 2008 BINDER @ MOTA ....... PETITIONER(S) VERSUS STATE OF HARYANA .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Bijender Dhankar, Advocate, for the petitioner(s). Mr. Sidarath Sarup, AAG, Haryana. AJAI LAMBA, J. (Oral) This petition under Section 439, Code of Criminal Procedure, seeks bail in FIR No.124 dated 8.5.2008 under Sections 392, 452, 342, 109, 34, Indian Penal Code, read with Section 25 of the Arms Act, Police Station, Civil Lines, Sonepat. Learned counsel for the petitioner contends that although the role ascribed to the petitioner is that he went inside the premises for commission of offence while Kapil Devi, co-accused, was standing outside, however, Kapil Dev from whom Rs.2,000/- had been recovered, has been allowed. Bail. Learned counsel for the petitioner further contends that the petitioner is not involved in any other case. The petitioner has been implicated on the statement of co-accused, who had been arrested in Criminal Misc.23480-M of 2008 2 another case. No legal purpose would be served by further custody of the petitioner in so much as the investigation has already been concluded. Learned counsel for the respondent-State, on instructions from ASI Satbir Singh, states that there is no evidence of the petitioner being involved in any other criminal case. Rs.5,000/- have been recovered from the petitioner. Investigation qua the petitioner has already been concluded. On a pointed query of the court, learned counsel for the respondent-State has informed the court that arms were recovered at the instance of the co-accused and not from the petitioner. Having regard to the totality of facts and circumstances of the case, the petition is allowed. Bail to the satisfaction of CJM Magistrate, Sonepat. October 21, 2008 ( AJAI LAMBA ) Kang JUDGE