Criminal Misc. No.M-33306 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-33306 of 2011 Date of Decision : 26th November, 2011 Pankaj Kumar @ Tiku @ Sanjeev Kumar .... Petitioner Versus State of Panjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL. Present : Mr. Munish Puri, Advocate for the petitioner. Mr. Shailesh Gupta, Deputy Advocate General, Punjab. * * * * L.N.MITTAL, J. (ORAL) Accused Pankaj Kumar @ Tiku @ Sanjeev Kumar has filed the instant petition for anticipatory bail under Section 438 Cr. P. C. in FIR No.68 dated 15.04.2011 under Section 379 IPC registered at Police Station Dina Nagar, District Gurdaspur. I have heard learned counsel for the parties and perused the case file. Motorcycle of the complainant was stolen on 22.03.2011. It was recovered on 26.03.2011 from petitioner's co-accused Amit Kumar when he was arrested in some other case. Vipin Kumar another co- accused of the petitioner has been arrested and released on bail. He named the petitioner being their accomplice in committing theft of the motorcycle. However, strangely Amit Kumar, the main accused from whom the stolen motorcycle was allegedly recovered, has not yet been arrested in this case. Criminal Misc. No.M-33306 of 2011 -2- It is apparent from the aforesaid that no recovery is to be effected from the petitioner. He has been named by another co-accused Vipin Kumar from whom also stolen motorcycle was not recovered. Amit Kumar from whom stolen motorcycle was recovered has not been arrested in this case. The complainant had not seen the petitioner or other co-accused committing theft of his motorcycle. No recovery is to be effected from the petitioner because stolen motorcycle has already been recovered. Keeping in view all the circumstances, but without meaning to express any opinion on merits of the case, the instant petition is allowed. In the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting Officer subject to the conditions specified in Section 438(2) Cr.P.C. He shall join investigation as and when required by the police. Presently he is directed to join investigation on 05.12.2011 at 10.00 am and continue to do so as and when required by the police. ( L. N. MITTAL) JUDGE 26th November, 2011 'raj'