Cr.Misc. M 25594 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 25594 of 2011 Date of decision:- 15.11.2011 Surinder Kumar Petitioner vs. State of Punjab Respondent Present: Mr. SR Vaid, Advocate Mr. Kirat singh, DAG, Punjab M.M.S.BEDI,J. This order will dispose of two connected petitions filed by Surinder Kumar (Cr.Misc. M 25594 of 2011) and Deepak Nagpal (Cr.Misc. M 25955 of 2011). The petitioners apprehend arrest in a case registered at the instance of Vinod Kumar alleging that the petitioners had destroyed the cotton crop and had taken away cotton sowing machine belonging to the complainant. After hearing learned counsel for the parties, it is apparent that for the occurrence dated 12.5.2011,an FIR 85 dated 16.5.2011 was registered by the complainant Vinod Kumar without addition of Section 379 IPC. As all the offences were bailable, Judicial Magistrate Ist Class had granted the concession of bail to petitioner Surinder Kumar. The present FIR has again been registered on 30.6.2011 levelling similar allegations with an addition of Section 379 IPC. Petitioner Deepak Nagpal appears to have already joined the investigation. All the offences , except for offence u/s 379 IPC appear to be bailable. It does not appear to be a case of custodial interrogation on Cr.Misc. M 25594 of 2011 2 the basis of the allegations levelled in the FIR. The authenticity of the second FIR on the similar facts would be a serious controversial point to be determined. Taking into consideration the fact that the petitioners have joined the investigation, both the petitions are allowed and it is ordered that in case of arrest of the petitioners, they will be released on bail to the satisfaction of the arresting officer subject to the condition that the petitioners will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. They will not commit the similar offence of which they are accused of, during pendency of the trial. November 15 ,2011 ( M.M.S.BEDI ) TSM JUDGE