Criminal Misc. No. M-8524 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-8524 of 2011 Date of decision : 30.03.2011 Mainda and another ....Petitioners V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Surya Kant Gautam, Advocate for Mr. S.K. Panwar, Advocate for the petitioners. Mr. Tarun Aggarwal, Sr. Deputy Advocate General, Haryana. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioners vide FIR No. 08 dated 16.01.2011 under Sections 188, 379, 332, 353, 341 & 186 IPC at Police Station Bilaspur, District Yamuna Nagar. Learned counsel for the petitioners submits that petitioners were not indulging in illegal mining. He has referred to bill, Annexure P-2 and submits that petitioners were merely carrying the materials to drop at a particular destination. Learned State counsel has opposed the prayer for bail. He, on instructions from ASI Brahm Pal, who is present in court, submits that bill, Annexure P-2 has been found to be forged. He submits that vehicles used to Criminal Misc. No. M-8524 of 2011 2 transport the stones from river bed are yet to be recovered and for this purpose custodial interrogation of the petitioner is required. I have heard learned counsel for the parties. According to allegations, illegal mining was detected on 16.01.2011 by a team headed by Mining Inspector. The matter was reported to the police which led to the registration of the present FIR. In the alleged occurrence two vehicles i.e. Indica car and tractor-trolley are also alleged to have been used for transporting stones from the river bed. The same are yet to be recovered. In view of nature of allegations levelled against the petitioners, I am of the considered view that they are not entitled to concession of pre- arrest bail. The petition is without any merit and is hereby dismissed. March 30, 2011 (RAJAN GUPTA) Ajay JUDGE