IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-20905 of 2008 Date of decision: 8th May, 2009 Taranjit Singh … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. M.S. Dhillon, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioner in case FIR No. 99 dated 07.07.2006 registered at Police Station City Gurdaspur under Sections 407, 120-B IPC. On August 21, 2008, a Coordinate Bench of this Court had passed the following order: “Counsel for the petitioner states that case of petitioner is similar to the case of Baljinder Singh and he has been granted pre-arrest bail by a Co-ordinate Bench of this Court. On 11.1.2007, in the case of Baljinder Singh, a Co- ordinate Bench passed the following order:- “Present: Mr. M.S.Dhillon, Advocate Contends that the petitioner is a small truck operator having one truck and was entrusted for delivering the wheat in Jammu and Kashmir by M/s Chadha Motors. The same had been duly delivered as is indicated from Annexure P5. Despite that M/s Chadha Motors is now blaming the name of the petitioner in order to escape their liability of embezzling the huge wheat. Criminal Misc. No. M-20905 of 2008 Notice of motion to A.G. Punjab for 19.3.2007. In the meanwhile, in the event of arrest of the petitioner, he shall be released on anticipatory bail to the satisfaction of the Arresting Officer, subject to the conditions contained in Section 438 (2) Cr.P.C. He will join the investigation as and when required. Sd/- (Ranjit Singh) Judge 11.1. 2007”. Thereafter on 19.3.2007, pre-arrest bail granted to Baljinder Singh was made absolute till filing of the challan. The order dated 19.3.2007 passed in Criminal Misc. No. 923-M of 2007 preferred by Baljinder Singh reads as under:- “Present: Mr. M.S.Dhillon, Advocate for the petitioner. Mr. M.C.Berry, Sr. DAG, Punjab for the State. Mr.Berry, on instructions, submits that the petitioner has joined the investigation. The main allegation is against M/s Chadha Motors. The petitioner is a small time operator having one truck. No case for custodial interrogation appears to be made out. Order dated 11.1.2007 is made absolute. This order will enure till the filing of challan and thereafter the petitioner will be at liberty to approach the trial Court for regular bail, but this order would continue till disposal of regular bail application, if filed. Petition is allowed. Sd/- (Ranjit Singh) Judge March 19, 2007”. In view of the statement made by counsel for the petitioner that the case of Baljinder Singh is similar to the petitioner, issue notice of motion to learned Advocate General, Punjab, for 3.9.2008. 2 Criminal Misc. No. M-20905 of 2008 Meanwhile, in the event of arrest, petitioner shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioner shall join investigation as and when called for. Petitioner shall also abide by the conditions specified under Section 438(2) Cr.P.C.” Thereafter, on April 27, 2009, statement of the counsel for the petitioner was recorded that the trucks and their registration certificates shall be produced before the Investigating Officer, with liberty to file application for release of the vehicles on Superdari from the trial Court. Counsel for the State has submitted that trucks have not been produced before the Investigating Officer. Counsel for the petitioner has submitted that as the trucks were plying in Assam, therefore needful could not be done and he pray that one more opportunity may be granted. Counsel for the State, on instructions from Surinder Singh SI has stated that except for production of the trucks, nothing else is required from the petitioner. Taking this into consideration, present petition is disposed off with a direction that in case petitioner produces trucks in the Court of Chief Judicial Magistrate, Kapurthala on or before 20th May, 2009, he shall be released on bail after furnishing bail bonds to the satisfaction of Investigating Officer. Petitioner shall continue to join investigation. Petitioner shall also abide by the conditions specified under Section 438 (2) Cr.P.C. In case, trucks are not surrendered on or before 20th May, 2009, the Investigating Officer shall be at liberty to take the petitioner into custody. [KANWALJIT SINGH AHLUWALIA] JUDGE May 8, 2009 rps 3