In the High Court of Punjab and Haryana at Chandigarh ...... (1) Criminal Misc. No.M-24998 of 2009 ..... Date of decision:14.5.2010 Karam Singh .....Petitioner v. State of Punjab .....Respondent .... (2) Criminal Misc. No.M-26985 of 2009 ..... Ravinder Singh alias Binderjit Singh .....Petitioner v. State of Punjab .....Respondent .... (3) Criminal Misc. No.M-27155 of 2009 ..... Baljit Singh .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. I.P.S. Kohli, Advocates for the petitioners. Mr. Shilesh Gupta, Deputy Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. This order will dispose of Criminal Misc. No.M-24998 of 2009 filed by Karam Singh; Criminal Misc. No.M-26985 of 2009 filed by Ravinder Singh alias Binderjit Singh and Criminal Misc. No.M-27155 of 2009 filed by Baljit Singh. Cr. Misc. Nos.M-24998 of 2009 etc. [2] The three petitioners in the respective petitions seek pre-arrest bail in case FIR No.113 dated 14.8.2009 registered at Police Station Raikot, District Ludhiana (Rural) for the offences under Sections 399 and 402 IPC as also Sections 25 and 27 of the Arms Act, 1959. The FIR in the case has been registered on the information given by SI Gurdial Singh, SHO, Raikot on 14.8.2009. It is alleged that on 14.8.2009 Sub Inspector Gurdial Singh along with other Police officials was present at Tajpur Chowk, Raikot in connection with duty for the festival of Janamashtmi. At about 10.15 p.m. information was received by SI Gurdial Singh that Binderjit Singh alias Binderjeeta (petitioner in Criminal Misc. No.M-26985 of 2009); Karam Singh (petitioner in Criminal Misc. No.M- 24998 of 2009), Baljit Singh (petitioner in Criminal Misc. No.M-27155 of 2009), Jagga (non-petitioner), Lali (non-petitioner), Jaggi (non-petitioner) and Rubal (non-petitioner) had collected in the house of Binderjit Singh (petitioner in Criminal Misc. No.M-26985 of 2009) near the old Patwar Khana and were preparing to commit some big robbery. They had illegal arms and ammunition and other lethal weapons. Besides, they had a cherry coloured Bolero jeep, one motorcycle and a scooter. If they were not apprehended then they could commit some big incident or robbery. Five/six unknown boys were also with them and if a raid was conducted then they could be apprehended along with weapons. The informant was reliable and all the persons as noticed above were preparing to commit robbery. Accordingly, it was observed that the offences under Sections 399 and 402 IPC; besides, Sections 25 and 27 of the Arms Act were made out. A memo was sent through Constable Jaswant Singh to the Police Station for Cr. Misc. Nos.M-24998 of 2009 etc. [3] recording the FIR. The number of the FIR after being recorded was asked to be intimated. It is submitted by the learned counsel for the petitioners that in the raid that was conducted in the house of Binderjit Singh, the father of Binderjit Singh only was found. On search of the entire premises, the Police recovered only one Dang. Besides, a Bolero jeep, another jeep, motorcycle, TV, fridge, inverter battery and other miscellaneous things were recovered, which is alleged by the petitioners, were taken. It is stated that the petitioners were not present at the spot. According to the prosecution, however, the accused-petitioners had managed to run away from the spot. Besides, on the raid of the terrace of the house of Binderjit Singh many weapons were recovered. Learned counsel for the State has filed three short affidavits of Shri Waryam Singh, Inspector, Police Station Raikot, District Ludhiana (Rural) in each of the petitions in which it is stated that by taking advantage of night all the accused including the petitioners managed to run away from the spot. There was an electric light outside the `Chaubara' of Binderjit Singh accused from where nine cartridges i.e. 8 live cartridges and one cartridge that had missed, two baseball bats, two kirpans, one gandasi, one hockey, two handles of `Kahi' (spade) and metallic `Mutha' (handle) were recovered. From the courtyard of the house of Binderjit Singh a Bolero jeep, one Bajaj motorcycle were recovered. From the jeep one baseball bat, one kirpan, one dagger, two handles of `Kahis' (spades) were recovered. From the dash- board of the vehicle one photo copy of registration certificate of the jeep was recovered. It is stated that custodial interrogation of the petitioners is Cr. Misc. Nos.M-24998 of 2009 etc. [4] necessary to reach at the root of the case and for effecting further recoveries. It is also stated that Karam Singh (petitioner in Criminal Misc. No.M-24998 of 2009) is habitual in indulging in criminal activities and he is involved in other cases also. A list of four other cases apart from the present case in which the petitioner has been involved has been mentioned. Baljit Singh (petitioner in Criminal Misc. No.M-27155 of 2009) is involved in two other cases apart from the present case. The same have been mentioned in the affidavit of Shri Waryam Singh, Inspector. Ravinder Singh alias Binderjit Singh (petitioner in Criminal Misc. No.M-26985 of 2009) apart from the present case is involved in eight other cases, details of which has been given in the affidavit filed in response to the petition. In the afore-noticed facts and circumstances and keeping in view the recovery which has been effected the custodial interrogation of the petitioners would be necessary. The considerations governing the grant of pre-arrest bail under Section 438 Cr.P.C. are materially different from that seeking post-arrest bail or for that matter even seeking suspension of sentence pending appeal before a higher Court. In a case where pre-arrest bail is sought the advantage of custodial interrogation of eliciting more and useful information and material is to be kept in view. Besides, the exercise of power to grant pre-arrest bail is somewhat extra-ordinary in character. In the facts and circumstances, no ground for grant of pre-arrest bail is made out. The criminal miscellaneous petitions are accordingly dismissed. May 14, 2010. (S.S. Saron) Judge *hsp*