IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDGIARH Crl. Misc. No. M- 1059 of 2009 Date of decision: April 20, 2009 Fakir Chand ….. Petitioner Versus State of Haryana ….. Respondent Present: Mr. S.K. Verma, Advocate for the petitioner. Mr. Ajay Singh Ghangas, DAG, Haryana. *** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him for the offences under Sections 328 and 379 Indian Penal Code (“IPC” – for short). The FIR in the case has been registered on the statement of Dinesh Kumar. It has been alleged that the petitioner Fakir Chand is a friend of the complainant Dinesh Kumar. The complainant had got married the daughter of the petitioner Fakir Chand in his in-laws village Kaltha, Distt. Jind. Fakir Chand (petitioner) used to come to the house of the complainant. On 12.12.2008, at about 2.00 p.m., the petitioner Fakir Chand spoke to the complainant on telephone. He was told to stay at his house on 13.12.2008 and he had also asked regarding transaction of an amount of Rs. 56,000/- relating to buffalos. On 13.12.2008, Fakir Chand (petitioner) called the complainant from his house and took him to Durga Brick Kiln. After purchasing bricks, the petitioner Fakir Chand dropped the complainant near Sati Mandir of village Budda Khera Latha. The complainant came at main bus-stand on foot. A motorcycle came towards village Akalgarh. The persons sitting on the Crl. Misc. No. M- 1059 of 2009 [2] motorcycle stopped the complainant and asked him that he had got purchased the bricks and now get purchased buffalos for them from Meham Animal Fare. When the complainant asked from the said motorcyclists as to who they were. They then said that Fakir Chand (petitioner) had sent them. They made the complainant sit on the motorcycle. After sitting, they tied cloth on his eyes and by putting hand on his mouth, they administered some intoxicant to him and took out Rs.56,000/- from his pant pocket. The complainant had become unconscious. On 14.12.2008 at about 9.00 am, villagers saw the complainant wandering in an unconscious condition and gave information at his house. On 30.12.2008, the complainant regained conscious and he submitted his complaint before the Police. It was requested that action be taken. Keeping in view the delay for the period from 13.12.2008 to 30.12.2008 for which there was no explanation, ad interim bail was granted to the petitioner on 19.1.2009. The case was taken up on 17.3.2009, on which it was stated by the State counsel that the petitioner was not cooperating in the investigation. Accordingly, one more opportunity was granted to him to join the investigation. Learned counsel for the State on instructions from ASI Jagdish Chander Police Station Julana Distt. Jind has submitted that the petitioner is not co-operating in the investigation and not giving any information regarding amount of Rs.56,000/-. Besides, he has not given the names of the other two accused who went to the complainant on the motorcycle and administered some intoxicant to him. Therefore, it is submitted that custodial interrogation of the petitioner would be required. Learned counsel for the petitioner has contended that there is no allegation against the petitioner. Besides, he has joined the investigation on two occasions. After giving my thoughtful consideration to the matter, it may be noticed that the complainant Dinesh Kumar had alleged that he sat on the motorcycle of the Crl. Misc. No. M- 1059 of 2009 [3] two unidentified persons, after they had disclosed that they had been sent by the petitioner Fakir Chand. Besides, they are alleged to have taken Rs.56,000/- from his pant pocket after administering some intoxicant to him. Keeping in view the fact that the petitioner is not co-operating in the investigation, his custodial interrogation so as to enable the prosecution to elicit more and useful information and material would be required. In the circumstances, no ground for pre-arrest bail is made out and the Crl. Misc. petition is accordingly dismissed. (S.S. SARON) JUDGE April 20, 2009 amit