Cr.Misc. M 21660 of 2011 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 21660 of 2011 Date of decision:-16.12.2011 Hroon Khan and another Petitioner vs. State of Haryana Respondent Present: Mr. Mohnisha Lamba, Advocate. Ms.Sushma Chopra, Addl.A.G.Hry M.M.S.BEDI,J. After hearing learned counsel for the petitioners and going through the police file, it is apparent that Khursheed was involved in a case u/s 279/304A IPC at P.S. Sohna, Gurgaon. The tractor involved in the accident was released to Ishwar Dass son of Tirath Das. Anwar , Member Panchayat of village Raipur, allegedly identified Ishwar Dass, appending his signatures on the superdari nama. One Haroon Khan had stood surety, whereas Petitioner No.2 Anwar had identified petitioner No.1. The petitioners Haroon Khan and Anwar seek the concession of pre-arrest bail in a case, which was registered at the instance of Judicial Magistrate Ist Class,Gurgaon in the matter of release of tractor on superdari as petitioner No.1 had stood surety whereas petitioner No.2 had identified petitioner No.1. It is apparent that ishwar Dass was impersonated and the tractor had been taken away on superdari. On account of the conduct of Haroon Khan and Anwar. learned counsel for the petitioners has contended that neither petitioner No.1 Haroon Khan had signed any document nor he appeared as a surety. Some body else in his Cr.Misc. M 21660 of 2011 -2- name might have stood surety , using his name. It has been contended by counsel for the petitioners that so far as petitioner Anwar is concerned, he has not appended his signatures on the surety bond. A perusal of the police file indicates that Anwar had identified Ishwar Dass as well as Harun Khan. Thumb impressions of Haroon Khan have been got prepared from F.S.L. A report has been received to the effect that the thumb impressions appearing on the surety bond do not tally with the thumb impressions of petitioner No.1 Haroon Khan. So far as petitioner No.2 Anwar is concerned, report regarding his signatures is still awaited. This petition is disposed of and it is ordered that petitioner No.1 Haroon Khan, in case of his arrest will be released on bail to the satisfaction of the arresting officer subject to the condition that he will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. So far as petitioner No.2 Anwar is concerned, a direction is issued that he will not be arrested till a positive report regarding his actual involvement of release of tractor on superdari in favour of Ishwar Dass is received. It will be open to the investigating agency to arrest petitioner No.2 after the receipt of report against him from the FSL. Petitioner No.2 will be entitled to a notice of five days before his arrest in order to enable him to avail the legal remedy available to him. However, petitioner No.2 will continue to join the investigation as and when required by the police.1 December 16 ,2011 ( M.M.S.BEDI ) TSM JUDGE