IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-24553 of 2010 Decided on : 07.09.2010 Mohammad Arbi ... Petitioner versus State of Haryana ... Respondent Present : Mr. R.S.Sihota, Sr. Advocate with Mr. B.R.Rana, Advocate for the petitioner. Mr. K.C.Gupta, Sr. DAG, Haryana. **** S.S.SARON, J. Heard learned counsel for the parties. This petition has been filed by the petitioner seeking pre arrest bail in case FIR No.69 dated 25.03.2010 under Sections 420, 406, 506 Indian Penal Code registered at Police Station Nagina, District Mewat. The FIR (Annexure P-1) has been registered on the statement of Jamil son of Ayub. It is alleged by the complainant- Jamil that he is a farmer and bringing up his family by doing agriculture. He has one tractor bearing Registration No.HR-55F/1938 along with trolley. Mohabbat in conspiracy with Mohammad Arbi (petitioner) came to him and said Mohammad Arbi is a big contractor and he needs large number of tractors. The complainant – Jamil was induced to give his tractor at a monthly rent of Rs.15,000/-. The accused in conspiracy with each other induced the complainant to hand over the same to the petitioner, who misappropriated the same. It is further alleged that the petitioner sold the tractor of the complainant by preparing forged documents. Learned Senior counsel has contended that the petitioner has been falsely implicated and he is not known to the complainant who CRM No.M-24553 of 2010 -2- was allegedly induced by Mohabbat (accused No.2) to give the tractor. It is submitted that the petitioner has no concern with the case. In response, learned State counsel has submitted that the petitioner has misappropriated the tractor of the complainant. Besides, six other cases are registered against the petitioner, which are as follows: (i) FIR No.73 dated 09.03.2010 under Sections 420, 406/120- B IPC PS Navdu District Mewat (ii) FIR No.148 dated 18.03.2010 under Sections 420, 406/120-B IPC PS Nuh District Mewat (iii) FIR No.57 dated 23.02.2010 under Sections 420, 34 IPC PS Punhana District Mewat (iv) FIR No.74 dated 12.03.2010 under Sections 420, 34 IPC PS Punhana District Mewat (v) FIR No.100 dated 25.03.2010 under Sections 420, 406/120-B IPC PS Ferozepur District Mewat (vi) FIR No.69 dated 25.03.2010 under Sections 420, 406/506 IPC PS Nagina District Mewat I have given my thoughtful consideration to the matter. The complainant was induced by the petitioner and Mohabbat – co- accused to hand over his tractor along with trolley at the rent of Rs.15,000/- per month. The petitioner and Mohabbat – co-accused misappropriated the tractor of the complainant. There are six other cases registered against the petitioner. Custodial interrogation of the petitioner is required for effecting the recovery of the tractor. In these circumstances, no ground for pre arrest bail is made out. Criminal misc. petition stands dismissed. September 07, 2010 (S.S.SARON) sonia JUDGE