IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. M No. 19430 of 2009 Date of Decision: January 20, 2010 Bijender ...........Petitioner Versus State of Haryana ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Harish Nain,Advocate for the petitioner. Mr.H.S.Benniwal,Deputy Advocate General Haryana Mr.Hemant Bassi,Advocate for the complainant ** Sabina, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to him in case FIR No.234 dated 3.6.2009 under Sections 406,409,420,467,471,506,34 of the Indian Penal Code (`IPC' for short) registered at Police Station Gohana City, District Sonepat. At the time of issuance of notice of motion dated 21.7.2009, the following order passed:- “Present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR 234 dated 3.6.2009 registered under Sections 406,409,420,467,471,506,34 IPC at Police Station Gohana City, District Sonepat. Counsel for the petitioner states that allegation of the complainant is that trolla bearing registration no.HR 46B-6804 was purchased Crl. Misc. M No. 19430 of 2009 -2- by the petitioner but the petitioner has no concern with the aforesaid vehicle. Dispute is regarding payment. Notice to the Advocate General,Haryana for 3.9.2009. The petitioner is directed to surrender before the Investigating Officer and join investigation. However, in the event of arrest, he shall be released on interim bail by the Investigating Officer subject to their furnishing bail bonds to the satisfaction of the Investigating Officer/Arresting Officer. He shall comply with the conditions laid down in Section 438(2) of the Code of Criminal Procedure, which are as under:- 1.that the petitioner shall make himself available for interrogation by a police officer as and when required; 2.that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;and 3.that the petitioner shall not leave India without the previous permission of the Court.” Learned counsel for the State, who is assisted by ASI Azad Singh and counsel for the complainant, has submitted that the petitioner has joined the investigation but the original truck/trolla in question has not been recovered so far. Petitioner is a habitual offender. FIR No. 79 dated 26.4.1999 was registered against petitioner but later the matter was disposed of on the basis of compromise between the parties. Keeping in view the seriousness of the offence, alleged to Crl. Misc. M No. 19430 of 2009 -3- have been committed by the petitioner, no ground for grant of anticipatory bail is made out. Dismissed. ( Sabina ) Judge January 20, 2010 arya