In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-8251 of 2009 ..... Date of decision:16.4.2009 Amarjeet Singh .....Petitioner v. State of Haryana .....Respondent .... Present: Mr. R.S. Mamli, Advocate for the petitioner. Mr. Deepak Jindal, Assistant Advocate General, Haryana for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the petitioner. The petitioner seeks pre-arrest bail in a case registered against him on 1.2.2008 for the offences under Sections 407, 417, 418, 420 and 120-B IPC. The FIR in the case has been registered on the statement of Manoj Kumar-complainant. It has been alleged by the complainant that on 30.1.2008 he got loaded 136 bundles of utensils in truck No.HR 58-3522 for being carried to Delhi. The driver of the truck was Gulzar Singh, who is the brother of the petitioner Amarjit Singh. It is alleged that the truck did not reach its destination and the utensils have been misappropriated by Gulzar Singh, the driver along with his co-accused. On 16.2.2008, Gurinder Pal resident of Fazilia (Himachal Pradesh) was arrested. He made a disclosure statement to the effect that on 30.1.2008, he, Gulzar Singh, truck driver and Amarjeet Singh alias Bitta (petitioner), brother of Gulzar Singh, Harpreet Cr. Misc. No.M-8251/2009 [2] Singh son of Jagmohan Singh, Amarjeet alias Bobby resident of Najibabad, Kulwinder resident of Namdarpur, Police Station Chhappar had colluded and kept the belongings of the truck No.HR 58-3522 i.e. brass utensils, copper and steel wire near Village Jhinvarheri and the rest of the goods have been kept in the house of Kulwinder Singh alias Ranga. Gulzar Singh had agreed to give him (Gurinder Pal Singh) Rs.50,000/- and Rs.50,000/- to Harpreet Singh, brother of Gurinder Pal Singh and to Amarjeet Singh alias Bobby. The plan had been made to sell the goods slowly. On the basis of the disclosure statement of Gurinder Pal Singh, the Police went to Village Namdarpur and 97 bundles of copper, brass and steel and wire pipes etc. were recovered and taken in police possession. Recoveries have been effected from the other accused who have been arrested in the case. The petitioner had been evading his arrest. Learned Sessions Judge, Yamuna Nagar has observed that the petitioner has to be interrogated by the Police in order to effect the recovery of the remaining bundles. Besides, it may be noticed that Anil Kumar uncle of the complainant also made a statement on 1.2.2008 to the effect that four accused had been arrested in the case and recovery of 128 bundles of utensils have been effected from them. In the facts and circumstances, the custodial interrogation of the petitioner would be necessary. Therefore, no ground for grant of pre-arrest bail is made out in favour of the petitioner. The criminal miscellaneous petition is dismissed. However, in case the petitioner surrenders by 21.4.2009, his application for regular bail shall be considered by the concerned Court within three days after expiry of the period of the Police remand, if any. Cr. Misc. No.M-8251/2009 [3] April 16, 2009. (S.S. Saron) Judge *hsp*