CRM-M No. 10830 of 2011 **** Bhagwan Singh vs. State of Punjab Present: Mr. J.P.S. Smagh, Advocate for the petitioner. Mr. Gazi Mohammad, DAG. Punjab. **** On 08.04.2011 the following order was passed:- “ This is an application for pre-arrest bail under Section 438 of the Code of Criminal Procedure in case bearing First Information Report No(for short, “FIR”) No. 113 dated December 21st 2010, under Section 406 of Indian Penal Code, Police Station Cantt Ferozepur. Learned counsel for the petitioner has submitted that Bhagwan Singh –petitioner was owner of tractor bearing No. PCQ-7198. The tractor was taken into possession by the Police in case bearing FIR No. 108 dated April 21st, 2007 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Sadar Fazilka. Petitioner is not an accused in that case. He took the tractor on spurdari. Allegations against him are that he sold the same. Learned counsel has urged that the tractor has already been taken into possession by the Police. Notice of motion for 11.5.2011. Meanwhile, in the event of arrest, petitioner (Bhagwan Singh) be admitted to bail by Arresting Officer on his furnishing bail bonds to his satisfaction. Petitioner shall abide by the conditions laid down in Section 438(2)(i)(ii) and (iii) of Cr.P.C.” Learned DAG, on instructions from HC Ramesh Kumar, states that the petitioner has joined the investigation and is no more required for custodial interrogation. CRM-M No. 10830 of 2011 -2- In the circumstances order dated 08.04.2011 is made absolute subject to the conditions envisaged in Section 438(2) Cr.P.C., up to the filing of the challan, whereafter the petitioner would be required to seek regular bail. Petition stands disposed of. ( AJAY TEWARI ) JUDGE May 11, 2011 sunita