Crl. Misc. No. M-17200 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-17200 of 2009 (O&M) Date of decision: January 21, 2010 Yunush ...Petitioner Versus State of Haryana ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Deepinder Brar, Advocate, for the petitioner. Mr. P.S. Batta, Additional Advocate General, Haryana. GURDEV SINGH, J. Petitioner-Yunush has come up with this petition under Section 438 Cr.P.C. for grant of anticipatory bail in FIR No. 88 dated 27.2.2009 registered at Police Station Manesar, District Gurgaon, under Sections 379 IPC. This FIR was registered on the basis of statement of Rajiv Kumar regarding theft of shuttering materials mentioned therein from the site of construction by 10/12 persons. According to him, he was present at his residence when he received a call from Sohan Ram foreman that 10/12 persons came on the vehicle make TATA 407 and started taking away the shuttering materials. During investigation, as disclosed by the State counsel, which according him, is on the basis of instructions received by him from SI Ghan Shyam, only confessional statement of the co-accused is the basis for the involvement of this petitioner in the theft. Such confessional statement before the police is not admissible in evidence. Crl. Misc. No. M-17200 of 2009 2 It is very much clear from the previous order passed in this petition that the petitioner joined the investigation. It has been submitted by the State counsel that the petitioner is not cooperating in the investigation. If that is so, it shows weakness of the investigating agency. No recovery has been effected so far from the petitioner inspite of the fact that he had joined investigation. From the above discussed facts, it is to be inferred that custodial interrogation of the petitioner is not required. When such is the case, this petition is accepted. In the event of the arrest of the petitioner, he shall be released on bail to the satisfaction of the arresting officer, subject to the following conditions:- (i) He shall join the investigation as and when required by the Investigating Officer; (ii) he shall not offer any any threat, promise, or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the Investigating Officer/Court; and (iii) he shall not leave the limits of this country without prior permission of the Court. The petition is disposed of accordingly. January 21, 2010 (GURDEV SINGH ) prem JUDGE