In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. 33673 of 2010 Date of Decision: December 14, 2010 Pippal Singh ---Petitioner versus State of Punjab ---Respondent Coram: HONBLE MR. JUSTICE GURDEV SINGH *** Present: Mr.L.S.Sidhu, Advocate, for the petitioner Mr.A.S.Grewal, Addl. A.G.Punjab *** GURDEV SINGH, J. Heard. This petition has been filed under Section 438 of the Code of Criminal Procedure by Pippal Singh, petitioner-accused, for issuance of a direction to the Officer-in-Charge / Investigating Officer/Arresting Officer/Illaqa Magistrate, releasing him on bail in the event of his arrest in FIR No. 129 dated 6.5.2010 under Sections 406 and 420 IPC registered at Police Station, Nakodar, District Jalandhar. The interim anticipatory bail was granted by this Court on 19.11.2010 and in the event of arrest of the petitioner in the said FIR, he was ordered to be released on bail to the satisfaction of the Arresting Officer. Som Nath, SI, who is said to be the Investigating Officer, is present in the Court today. He tried to project through the State counsel that the petitioner is not cooperating in the investigation. When asked, whether he was joined in the investigation, reply in the negative was given. According Crl. Misc. No. 33673 of 2010 -2- to this Investigating Officer, the petitioner had come to him and left after making representation that talks for the compromise was going on between him and the complainant. Once the petitioner had come to him, he was duty bound to arrest him and as per the said order to release him on bail. The Investigating Officers are not to act on their own whims and they cannot device their own procedure. The investigation is being regulated by the provisions of the Criminal Procedure Code and Police Rules and it is a case where that procedure has been given a go by. The FIR was got registered by one Chranjit Singh and it is narrated therein that Ajmer Singh was working at his shop as sales man, who delivered one tractor mark Indofarm No. 3065 DID to the present petitioner after receiving the earnest money of ` 10,000/- from him. Both the accused assured him that the balance amount shall be paid in some days. After 8-9 months, the petitioner issued cheque bearing No. 687669 for ` 5,45,000/- on 2.9.2009, which was dishonored. From the contents of the FIR , it becomes doubtful if the offence under Section 420 IPC or 138 of the Negotiable Instruments Act is made out. Cheque was not delivered at the time of delivery of the tractor itself. It was issued subsequently. It cannot be said from the facts of the case whether custodial interrogation of the petitioner is required. Accordingly, the interim anticipatory bail granted to the petitioner vide order dated 19.11.2010, is made absolute subject to the conditions incorporated therein. Petition is disposed of accordingly. (GURDEV SINGH) JUDGE December 14, 2010 PARAMJIT