IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-18701 of 2010 Date of decision: 6.7.2010 Jagdev @ J.D. and another …. Petitioners Versus State of Haryana ….. Respondent Present : Mr. S.K. Yadav, Advocate for the petitioners. *** S.S. SARON, J. The petitioners seek pre-arrest bail in a case registered against them on 6.6.2010 alleging commission of offences under Sections 379, 420, 342 and 34 Indian Penal Code (“IPC” – for short). The FIR in the case has been registered on the statement of Parmod Kumar who is working as a driver with M/s Stone Craft (India) Kund for the last 5-6 years. On 4.6.2010 at about 9.00 p.m. after he unloaded his vehicle at JCD Rewari he was going to his factory Kund with his trailor. Then at the Kund barrier Kalu son of Krishan along with his three companions whom the complainant knew by face came in an Alto car. They called the complainant and offered a cold drink to him. The complainant parked his vehicle near Deen Dayal Petrol pump and had the cold drink at a nearby hotel. When he was about to go with his vehicle then the said persons made him sit in the Alto car while his trailor remained parked. They took Crl. Misc. No. M-18701 of 2010 [2] the complainant to Ratta village at night. When the complainant tried to shout then Kallu asked him to sit calmly. Later he managed to escape while the vehicle was being driven at a slow speed and he ran in the field. The complainant then called Ravi who is a nephew of the owner of the vehicle on phone. During night, he stayed at Ateli. Next morning the complainant and his owner Subhash were coming to Kund and they then found the trailor parked at Mandhan Road near the Railway crossing. The back portion of the vehicle was damaged. It is alleged that Kallu and his friends had forcibly taken the complainant with fraud in an Alto car and left him near Ratta village and in his absence Kallu and his friends had stolen the trailor vehicle regarding which he (complainant) and its owner Subhash had informed the Police Post Kund orally on 5.6.2010. The application was submitted on 6.6.2010 and a request was made for taking action. The petitioners are amongst the persons who are alleged to have come along with Kallu. The co-accused of the petitioners namely Surender son of Sadhu Ram and Girwar @ Bohra son of Sh. Ganpat had filed Crl. Misc. No. M-17686 of 2010 for the grant of pre- arrest bail. This Court vide order dated 24.6.2010 declined the bail. After the order declining the bail was passed, learned counsel for the petitioners sought permission to withdraw the petition with liberty to surrender before the trial Court. The said petition was dismissed as withdrawn. The said accused have since been granted regular bail. The petitioners are somewhat similarly placed as Surender son of Sadhu Ram and Girwar @ Bohra son of Ganpath. Crl. Misc. No. M-18701 of 2010 [3] In the facts and circumstances, no ground for grant of pre-arrest bail is made out and the Crl. Misc. petition is accordingly dismissed. However, in case the petitioners surrender before the police within two days from the receipt of copy of this order, their application for regular bail shall be considered by the Court concerned expeditiously within 2 days after expiry of the period of police remand, if any. (S.S. SARON) JUDGE July 6, 2010 amit