Crl. Misc No. M 31301 of 2011(O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M 31301 of 2011(O&M) Date of decision : October 31, 2011 Suresh Kumar, ...... Petitioner v. State of Haryana ...... Respondent *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. V.K.Gupta, Advocate for the petitioner. Mr. Manmohan Sikka, DAG Haryana *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) Crl.Misc No. 58225 of 2011 For the reasons recorded, this application is allowed and Annexures P-4 to P-7 are taken on record. Crl.Misc No. M 31301 of 2011 The petitioner seeks grant of anticipatory bail in case FIR No.70, dated 26.6.2011, registered under Section 7 of the Essential Commodities Act, and Sections 216,420,406,120-B of the IPC, at Police Station Chhachhrauli, District Yamuna Nagar. On 18.10.2011, the following contentions were noticed :- “ Learned counsel has argued that this whole case is based on a misunderstanding. The petitioner was allotted 830 quintals of wheat on 26.6.2011. That wheat had to Crl. Misc No. M 31301 of 2011(O&M) ::2:: be transported to different depots. On the way, due to inclement weather, the truck broke down and the driver in an attempt to save the wheat, stocked it in the premises of Chamela Ram. There was no guilty intention and before the wheat could be reloaded, the raid took place.” Counsel for the petitioner has placed on record Annexure P-4, as per which on 25.6.2011, 5 mm of rain had fallen in the area of Chhachhrauli. Counsel for the respondent, on instructions from SI Radhey Sham, is not in a position to deny these averments. In this view of the matter, I am of the considered opinion that at this stage it would not be in the interest of justice to deny the concession of anticipatory bail to the petitioner. Of-course, if the petitioner is found guilty, he would be liable to suffer whatever punishment is imposed upon him. Consequently, the petitioner is directed to appear before the Investigating Officer on 9.11.2011 or on any other day on which the Investigating Officer requires his presence and in the event of his appearance, the petitioner shall be released on anticipatory bail by the Investigating Officer to his satisfaction subject to the conditions as laid down in Section 438(2) of the Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) October 31, 2011. JUDGE `kk'