IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-26386 of 2009 Date of Decision: February 04, 2010 Pardeep Kumar @ Rinku .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. K.K. Garg, Advocate, for the petitioner. Mr. Gaurav Garg Dhuriwala, Assistant Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of bail to the petitioner in case FIR No.394 dated 30.8.2009, under Sections 457, 380, 447, 427, 506, 511 IPC, registered with Police Station, Kotwali, Patiala. Vide Order dated 10.11.2009, it was made clear that in case the petitioner does not cooperate with the investigating agency, the petition shall be liable to be dismissed on the next date of hearing. Crl. Misc. No. M-26386 of 2009 [2] Order dated 2.12.2009 also notices that although petitioner came before the investigating agency, however, did not render any cooperation. Condition was again imposed. One last opportunity was given to the petitioner vide Order dated 8.12.2009. Learned counsel for the respondent- State, on instructions from Parkash Masih, Head Constable, states that the petitioner is not cooperating at all. In case the custodial interrogation is not allowed, the case would not reach its logical conclusion and the investigation process shall be frustrated. I have considered the rival contentions. Allegation is of breaking open a shop and committing theft alongwith co-accused. In such circumstances, recovery is required to be effected and modus operandi of the accused is required to be ascertained. In my considered opinion, custodial interrogation, in the facts and circumstances of the case, is required. The petition is dismissed. (AJAI LAMBA) February 04, 2010 JUDGE avin