Criminal Misc.-M No. 34479 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 34479 of 2011(O&M) Date of decision: 25.11.2011 Sukhmander Singh .. Petitioner vs State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr.Tek Chand Bansal, Advocate for the petitioner. Mr.B.B.S.Teji, Senior Deputy Advocate General, Punjab. ... Rajesh Bindal J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner in FIR No. 38 dated 21.3.2008 registered under Sections 380/457/411 IPC at Police Station Lambi, District Sri Muktsar Sahib. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the case in hand. He had left village Sikhwala, Tehsil Malout in the year 2001 and had started residing in village Theri, Tehsil Gidderbaha, District Sri Muktsar Sahib. He further submitted that the petitioner never came to know about registration of case against him. The allegations in the FIR are regarding theft of some old iron worth of `8,000/-. The petitioner as well as one Ram Sarup has been named as accused in the FIR. During the trial, statement of complainant has been recorded and he was declared hostile. He categorically stated that the petitioner has not committed alleged theft. On the other hand, learned counsel for the State submitted that the petitioner had been absconding ever since the FIR has been registered. Considering his conduct, the petitioner does not deserve concession of pre- arrest bail. Criminal Misc.-M No. 34479 of 2011 2 After hearing learned counsel for the parties and considering the allegations contained in the FIR regarding theft of old iron worth ` 8,000/- and also that the complainant has not supported the prosecution version before the trial Court, in my opinion, the petitioner is not required to be taken into custody. He is directed to appear before the Investigating Officer on 3.12.2011 at 10.00 a.m. to join investigation and in case of arrest, he shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438 (2) Cr.P.C. The petition stands disposed of. 25.11.2011 (Rajesh Bindal) mks Judge