Criminal Misc. No. M-6581 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-6581 of 2009 Date of Decision: 27.3.2009 Jail Singh alias Jarnail Singh and Another …Petitioners Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Parminder Singh, Advocate for Mr. Navkiran Singh, Advocate for the petitioners. Mr. Anter Singh Brar, Deputy Advocate General, Punjab, for the State. Mr. Rajinder Kumar Singla, Advocate for the complainant. Kanwaljit Singh Ahluwalia, J. (Oral) Present petition has been preferred by the petitioners under Section 438 Cr.P.C. praying for pre-arrest bail in case FIR No. 74 dated 20.2.2009 registered at Police Station Sadar, Patiala, under Sections 342, 380, 448, 511, 427, 506, 148, 149 & 120-B IPC and 25/27 Arms Act. On 9.3.2009, this Court had passed the following order:- “Counsel for the petitioner has stated that complainant is grand son of the real brother of petitioner No.1. Parties are involved in civil litigation. Criminal Misc. No. M-6581 of 2009 2 Counsel for the petitioner has placed reliance upon Annexure P3 a civil suit pending between the parties. It has been further submitted that all offences except offence falling under Section 380 IPC are bailable. Perusal of allegations as noticed in the impugned order show that a gas cylinder was taken away by a number of persons who came allegedly on the dead of night armed with weapons. No injury has been caused in the occurrence. At this stage, Mr. Rajinder Kumar Singla, Advocate, has caused appearance for the complainant. He has stated that along with gas cylinder, container for storing 5/6 bags of wheat, one sofa and other household articles were taken. The probability of the version stated by the complainant is to be verified during course of investigation. Custodial interrogation of the petitioners may not be necessary. Issue notice of motion to learned Advocate General, Punjab, for 27.3.2009. Meanwhile, in the event of arrest, petitioners shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioners shall join investigation as and when called for. Petitioners shall also abide by the conditions specified under Section 438(2) Cr.P.C.” Criminal Misc. No. M-6581 of 2009 3 It is essentially a civil dispute between the family members. Counsel for the State, on instructions from Karnail Singh, Head Constable, submits that petitioners have joined investigation but recovery of gas cylinder, sofa set, six quintals wheat drum containing wheat, bricks, guarder is to be effected. Taking the entire gamut of case into consideration, custodial interrogation of the petitioners is not required. In view of the statement made by counsel for the State and order dated 9.3.2009 passed by this Court, interim pre-arrest bail granted to the petitioners is affirmed till filing of the report under Section 173 Cr.P.C. On submission of report under Section 173 Cr.P.C. petitioners shall furnish regular bail-bonds to the Court concerned. With these observations, present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge March 27, 2009 “DK”