Crl. Misc. No.M-25641 of 2011 (O&M) Sunil Kumar Vs. State of Punjab *** Present : Mr. S.P.S. Sidhu, Advocate for the petitioner. Mr. S.S. Gill, D.A.G., Punjab. Mr. Chanderdeep Singh, Advocate for the complainant. ******* AJAY TEWARI, J. (ORAL) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.78 dated 05.08.2011 registered under Section 381 IPC at Police Station Division No.4, Ludhiana, District Ludhiana. On 25.08.2011 the following contention was noticed:- “Learned counsel has argued that the allegations were that an employee of the complainant was stealing material from him and selling it to the petitioner and that the petitioner is a respectable business man and is ready to co- operate with the police.” Learned Deputy Advocate General as well as learned counsel for the complainant have argued that the petitioner has been implicated by the statements made by the co-accused as well as by the fact that recovery of some material of the complainant was made from the premises of the petitioner. However, the recovery memo does not bear the signatures of any independent witness and there is no endorsement that independent persons refused to associate themselves with the recovery. Crl. Misc. No.M-25641 of 2011 (O&M) -2- In the circumstances, without going into the merit of the case, I deem it appropriate to release the petitioner on bail. Ordered accordingly. Petitioner is directed to appear before the Investigating Officer on 23.09.2011 between 10 A.M. to 04 P.M and on any other date as and when his presence is required. On his appearance, the Investigating Officer would release him on bail subject to the conditions envisaged under Section 438(2) Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) September 15, 2011 JUDGE ashish