Criminal Misc.-M No.19511 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No. 19511 of 2011 (O&M) Date of Decision: 25.08.2011 Ashish Kumar ...Petitioner Versus State of Punjab ..Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashit Malik, Advocate and Mr. Ravish Bansal, Advocate for the petitioner. Mr. Jasdev Singh Brar, Assistant Advocate General, Punjab. ..... RAJESH BINDAL, J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner in FIR No.15 dated 1.2.2011 registered under Section 420 IPC and Section 7 of Essential Commodities, Act at Police Station City South Moga, District Moga. The allegations are that the accused was selling used/re-cycled fuel oil and furnace oil claiming the same to be virgin. The case set up by the petitioner is that at the time of alleged recovery on 1.2.2011, the petitioner was not the partner in the firm, namely, M/s Y.A. Enterprises. He along with one Jagsir Singh retired from the partnership on 1.12.2010 for which a dissolution deed was also signed. Thereafter, only Rajinder Singh continued as a sole proprietor of the firm. Hence, he is not liable for any act of omission or commission by the sole proprietor of the firm. The dissolution deed entered into between the parties is part of the challan. Learned counsel for the State did not dispute that the dissolution deed is part of the challan. He further submitted that the same was handed over to the Investigating Officer by Rajinder Singh. Criminal Misc.-M No.19511 of 2011 2 Considering the arguments raised by the learned counsel for the parties, in my opinion, when the petitioner apparently was not the partner in the firm when the case in hand was registered, he is not required to be taken in custody for investigation. He is directed to appear before the Investigat- ing Officer on 06.09.2011 at 10.00 A.M. and in case of arrest, he shall be re- leased on furnishing of bail bonds to the satisfaction of the Investigating Of- ficer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438 (2) Cr.P.C. The petition stands disposed of. (RAJESH BINDAL) JUDGE 25.08.2011 sharmila