IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 12984 of 2010(O&M) Date of Decision: May 26, 2010. Sudhir Kumar ...... PETITIONER Versus State of Punjab ...... RESPONDENT CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. A.S.Gill, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.73 dated 25.03.2010, under Sections 323/382 IPC, registered at Police Station Division No.8, Jalandhar, District Jalandhar I have heard learned counsel for the parties and have gone through the whole record. The brief allegations against the petitioner – accused are that he alongwith co-accused waylaid the complainant on 25.03.2010 at 4.15 AM while he was going from his house to Delhi. When he reached near Dhingra Medical Store, Lamba Pind, Jalandhar, the petitioner alongwith co-accused CRM No.M-12984 of 2010 caused injuries on his head as a result of which he fell unconscious and when he gained consciousness, he found that one Bank draft of Rs.2,50,000/- lacs, three empty cheques, voter identity card, his two mobile phones and money which he was carrying, had been stolen. Co-accused Malkiat Singh @Titu has already been arrested. It came during investigation that co-accused Malkiat Singh @Titu alongwith petitioner – accused and Lakhwinder Singh @Lakha waylaid the complainant, caused injuries to him and committed theft. Only one mobile phone has been recovered from co-accused Malkiat Singh @Titu. Bail application has been opposed by learned counsel for the State, on instruction from SI.Harbhajan Singh, on the ground that custodial interrogation of petitioner-accused is required as stolen articles are to be recovered from the petitioner - accused. Hence, it is not such a case in which extra ordinary relief of anticipatory bail should be granted to him. Hence, keeping in view these facts and without expressing any opinion on the merit of the case, the instant application for bail filed by Sudhir Kumar is, hereby, dismissed being devoid of merit. ( RAM CHAND GUPTA ) May 26, 2010. JUDGE 'om' 2