IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-33095 of 2009. Date of Decision : 3.12.2009. Ashok Kumar ......Petitioner Versus State of Punjab ......Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. R.S. Rai, Sr. Advocate with Ms. Meenakshi Dogra, Advocate, for the petitioner. Mr. Jaswinder Singh, DAG Punjab, for the respondents-State. NAWAB SINGH J.(ORAL) Learned counsel for the petitioner, inter-alia, contends that a perusal of the First Information Report No. 96 dated August 4th, 2009 under Sections 420, 467, 468 and 471/120-B of Indian Penal Code, Police Station City, District Hoshiarpur would, therefore, go to show that no allegations worth the name were made by Shiv Walia-complainant against the petitioner. The allegations were levelled against Vicky Malhotra, brother of the petitioner. The dispute was with regard to the purchase of Stamp duty for registration of a sale deed by the wife of the complainant with Jagdish Pal. Charge sheet/challan has been filed in the Court of Area Magistrate. Learned counsel has also drawn the attention of this Court to the report under Section 173 of the Code of Criminal Procedure and in that, it is mentioned that during investigation, it was found that Vicky Malhotra's brother Ashok Kumar @ Vicky Malhotra- petitioner was also involved in the fraud of stamp duty so, he was arraigned as an accused with the aid of Section 120-B IPC. These facts have not been refuted by learned State counsel. In view of this, pre-arrest application is allowed to the effect that the petitioner shall join investigation. He shall abide by Criminal Misc. No. M-33095 of 2009. (2) the conditions as mentioned in Section 438(2)(i)(ii) & (iii) Cr.P.C. In the event of his arrest/surrender in the Court, he shall be released on bail by the arresting officer or such Court to its satisfaction till the challan/charge sheet is filed and till the application for regular bail to be preferred by the petitioner is finally decided by the Court competent to try the case. Trial Court or the Court of inquiry while dealing with the application for regular bail under Section 439 of the Code of Criminal Procedure, shall be guided by the observations made by this Court on the basis of evidence collected so far against the petitioner. However, trial Court shall use its own discretion in rejecting the application for regular bail provided further evidence of complicity is collected or appears against the petitioner after passing of this order by this Court. Disposed of. (NAWAB SINGH) JUDGE 3.12.2009. SN