Cr.Misc. M 22501 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 22501 of 2010 Date of decision:24.9.2010 Gulwinder Singh Petitioner vs. Ashok Kumar Puri Respondent Present: Mr. Ranjit Sharma, Advocate. Mr. Bikramjit Arora, Advocate. M.M.S.BEDI,J. The petitioner seeks the concession of pre-arrest bail in a case registered on the basis of private complaint, which was originally filed by respondent- complainant Ashok Kumr Puri u/s 156(3) Cr.P.C. Vide order dated 29.3.2010 the Judicial Magistrate while issuing notice in an application u/s 94 and 102 Cr.P.C. directed SHO to produce the vehicle, which allegedly belongs to the complainant- respondent. The learned Additional Sessions Judge has dismissed the application u/s 438 Cr.P.C. in a private complaint on the ground that the petitioner has not complied with the orders of the trial court for production of the car. It appears that there is a dispute between the complainant and the petitioner pertaining to possession of Maruti Wagon-R car. The liberty of the petitioner cannot be curtailed by imposing unreasonable conditions upon the petitioner. In case the petitioner has not complied with any direction, passed by the trial court, the court always has got a right to get the order implemented by following the procedure of law. Since the matter has arisen out of the private complaint and the dispute pertains to a car, alleged to have been robbed Cr.Misc. M 22501 of 2010 2 by the petitioner, the concession of pre-arrest bail cannot be refused to the petitioner unless until he has violated any of the conditions, mentioned u/s 437 (2) Cr.P.C. Pursuant to the interim order, the petitioner has already put in appearance before the trial Magistrate. The petition is allowed and the petitioner will be released on pre-arrest bail on his furnishing bail bond for a sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial court subject to the condition that he will continue to appear before the trial court and will not absent himself without any sufficient cause. September 24 ,2010 ( M.M.S.BEDI ) TSM JUDGE