IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.28209-M of 2008 DATE OF DECISION : DECEMBER 17, 2008 LAKHBIR SINGH & ORS. ....... PETITIONER(S) VERSUS STATE OF PUNJAB .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Sunil Agnihotri, Advocate, for the petitioner(s). Mr. HS Brar, DAG, Punjab. AJAI LAMBA, J. (Oral) This petition under Section 439, Code of Criminal Procedure, seeks bail in FIR No.79 dated 2.7.2008 under Sections 392/397, Indian Penal Code, Police Station, Bhogpur, District Jalandhar. Learned counsel for the petitioner contends that the case is triable by a Magistrate. Challan has already been presented and the investigation has already been concluded. The custody of the petitioners shall not serve any legal purpose. I have considered the contentions of the learned counsel for the petitioners. It transpires that on 1.7.2008, at about 9.00 pm, after closing the shop, the complainant was going to his village on a Motor Cycle. Three Criminal Misc.28209-M of 2008 2 accused followed him on another Motor Cycle. The accused parked their Motor Cycle in front of the Motor Cycle of the complainant and started causing injuries to him. After the complainant fell down, the accused committed theft of two mobile phones, Rs.20,000/- and his Driving Licence. The manner in which the offence has been committed and the nature of offence committed, does not entitle the petitioner to bail. Learned counsel for the respondent-State has informed the court that there is another case (FIR) against Lakhbir Singh (petitioner No.1) viz. FIR No.249 dated 17.10.1996 under Section 382, Indian Penal Code, Police Station, Lambra, District Jalandhar. Against Baljinder Kumar (petitioner No.3) also, there is another case (FIR) viz. FIR No.19 dated 6.3.2000 under Section 380, Indian Penal Code, Police Station, Division No.5, Jalandhar, has been registered. No ground for bail is made out. The petition is dismissed. December 17, 2008 ( AJAI LAMBA ) Kang JUDGE