Crl. Misc. No.M-20442 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-20442 of 2011 Date of Decision: 23.09.2011 Vikas Kumar Tyagi ..... Petitioner Versus State of Punjab ..... Respondent CORAM:- HON'BLE MR. JUSTICE M.M.S. BEDI Present: Ms. Seema, Advocate, for Mr. C.M. Munjal, Advocate, for the petitioner. Mr. Arshvinder Singh, Addl. AG, Punjab. M.M.S. BEDI, J. Petitioner seeks concession of pre arrest bail in a case registered at the instance of Yadwinder Singh of Talwandi Sabo Thermal Power Station, Banawali permanent resident of Village Chadik, District Moga alleging that petitioner along with his co-accused Ajay Soni had loaded 7 iron plates measuring 11 mt. x 2 ½ mt. total weighing 22 tones worth Rs.11 lacs for transporting the same to different sites or subsequently the vehicle along with said plates was not available in the morning. The said plates were allegedly stolen by the petitioner or his co-accused. The petitioner seeks concession of pre-arrest bail on the ground that he was no doubt appointed as Senior Engineer with the company of the complainant and posted at Talwandi Sabo Thermal Power Station, Banawali. Subsequently, he had joined another company. Being annoyed with the said act of the petitioner, in order to harass him the false case has been registered. Crl. Misc. No.M-20442 of 2011 -2- I have considered circumstances and I am of the opinion that it will be debatable during trial whether the metal plates weighing 22 tones could have been stolen by the petitioner after loading the same in the vehicle belonging to the complainant's company. The petitioner has already joined investigation pursuant to the order passed by this Court on 22.07.2011. State counsel has opposed the application contending that the recovery has partly been effected in this case and petitioner is required for interrogation. After taking into consideration the fact that petitioner has joined investigation and it does not appear to be a case of custodial interrogation, it is ordered that in case of arrest of petitioner, he will be released on bail to the satisfaction of the Arresting Officer subject to all the conditions under Section 438(2) Cr.P.C. (M.M.S. BEDI) 23.09.2011 JUDGE manju