CRM-M-30337 of 2011 - 1 - CRM-M-31860 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-30337 of 2011 Date of Decision:17.11.2011 Partap . . .Petitioner Versus State of Haryana . . . Respondent ***** CRM-M-31860 of 2011 Date of Decision:17.11.2011 Bijender . . .Petitioner Versus State of Haryana . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.D.D. Sharma, Advocate, for the petitioner (in CRM-M-30337 of 2011) Ms. Sharmila Sharma, Advocate, for the petitioner (in CRM-M-31860 of 2011) Mr.Sagar Deswal, AAG, Haryana. ***** RAKESH KUMAR JAIN, J. (ORAL) This order shall dispose of two bail applications bearing CRM-M-30337 of 2011 titled as “Partap Vs. State of Haryana” (hereinafter referred to as ‘Ist petition’) and CRM-M-31860 of 2011 titled as “Bijender Vs. State of Haryana” (hereinafter referred to as ‘IInd petition’). Both the petitions have been filed under Section 439 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) as both have arisen from the same FIR No.439 dated 23.7.2011 registered under Sections 379, 411, 420, 467, 468, 471 & 120-B of the Indian Penal Code, 1860 (for short ‘IPC’) at Police Station Assandh, District Karnal. CRM-M-30337 of 2011 - 2 - CRM-M-31860 of 2011 This is a case where allegations are of sale and purchase of stolen cars by forging the Registration Certificate. Learned counsel for the petitioner in the Ist petition submits that the petitioner is in custody since 26.7.2011 whereas learned counsel for the petitioner in the IInd petition submits that the petitioner is in custody since 27.7.2011. It is further submitted that the challan has already been presented and the petitioners are neither the previous convict nor any other case is pending against them. They have also submitted that the allegations against the petitioners are that they had purchased the stolen cars but there is no allegation that they were in connivance with the persons, who had sold it. Learned counsel for the State, on instructions received from ASI Rajesh Kumar, has stated that since the cars have been recovered from the possession of the petitioners, therefore, they are also equally liable but at the same time he has admitted that as per his instructions, they are the first offenders. After hearing learned counsel for the parties and keeping in view the facts and circumstances of the case but without observing anything on the merits, the Ist petition (CRM-M-30377 of 2011 titled as “Partap Vs. State of Haryana”) and the IInd petition (CRM-M-31860 of 2011 titled as “Bijender Vs. State of Haryana”) are hereby allowed and the petitioners are directed to be released on bail on their furnishing bail bonds to the satisfaction of the trial Court. A photocopy of this order be placed on the file of another connected case. (RAKESH KUMAR JAIN) NOVEMBER 17, 2011 JUDGE Vivek