Crl. Misc. No. M-8188 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-8188 of 2011 (O&M) Date of decision: 20.04.2011. Sunil Kumar Salaria ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? Present: - Mr. Rohiteshwar Singh, Advocate, for the petitioner. Ms. Bhavna Gupta, DAG, Punjab. ***** KANWALJIT SINGH AHLUWALIA, J (ORAL) Present petition has been filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in case FIR No.12 dated 4.2.2011 registered at Police Station Mukerian under Sections 406, 420 IPC. On March 17, 2011 Co-ordinate Bench had passed the following order: - “Learned counsel for the petitioner states that petitioner was working as a salesman with the complainant and the only allegation against the petitioner is that he has sold 985 mobile phones on different dates from 16.08.2010, valued at Rs.15,94,790/- and he has paid only Rs.4,42,790/- and amount of Rs.11,52,000/- is outstanding against the petitioner. Learned counsel further states that from the averment made in the FIR, present is the case of the commercial transaction which has wrongly been given the colour of criminal offence. Notice of motion for 20.04.2011. Meanwhile, it is directed that in the event of arrest of the petitioner, he shall be released on bail on furnishing his Crl. Misc. No. M-8188 of 2011 (O&M) -2- personal bond and one surety of Rs.20,000/- to the satisfaction of the Arresting Officer, subject to the conditions provided under Section 438(2) of the Code. Petitioner shall participate in the investigation as and when he is required.” Ms. Bhavna Gupta, learned Deputy Advocate General, Punjab, on the instructions of ASI Jagat Singh, Police Station Mukerian, has stated that petitioner has joined the investigation and his custodial interrogation is not required. For the reasons stated in order dated 17.3.2011 and the statement made by the counsel for the State, pre-arrest bail granted to the petitioner is affirmed till filing of report under Section 173 Cr.P.C. Thereafter, the trial Court shall accept the regular bail bonds of the petitioner. (Kanwaljit Singh Ahluwalia) Judge April 20, 2011 R.S.