Cr.Misc. NO. M 33175 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO. M 33175 of 2008 DATE OF DECISION : 18.2.2009 Jagdish Kumar ......PETITIONER VERSUS State of Punjab ......RESPONDENTS PRESENT: Mr. Hemender Goswami, Advocate Mr. RS Rawat, AAG, Pb M.M.S.BEDI,J. The petitioner is alleged to have lost the challan filed in a criminal case, which was handed over to him by the investigating officer on 4.6.2004 while he was posted as A.S.I. The FIR has been registered after the retirement of the petitioner after a gap of 4 years from the date of the occurrence. Learned counsel for the petitioner submits that the petitioner was not the investigating officer in the case, in which challan was lost and that he was deputed to present the challan in the absence of investigating officer as he had suffered a heart attack on his way from Bombay to Ludhiana. As per the learned counsel challan had been handed over to the Niab Court for presentation but some how the same was not subsequently traced. After hearing learned counsel for the parties, I am of the opinion that FIR having been registered after a gap of four years; the petitioner having joined the investigation; the chances of petitioner having Cr.Misc. NO. M 33175 of 2008 2 put his service at stake by intentionally misplacing the challan seems to be improbable, he can be granted the concession of pre-arrest bail. Accordingly, the petition is allowed and it is ordered that in case of arrest of the petitioner, he will be admitted to bail to the satisfaction of the arresting officer subject to the condition that he will appear before the investigating officer as and when required by the police and will not tamper with evidence or hamper the investigation at any stage. February18 ,2009 ( M.M.S.BEDI ) TSM JUDGE