Crl. Misc. No. M-1517 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-1517 of 2010 (O&M) Date of decision: February 17, 2010 Tejinder Singh and another ...Petitioners Versus State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Gurcharan Dass, Advocate, for the petitioners. Mr. AS Brar, Sr. DAG, Punjab. GURDEV SINGH, J. Heard. Petitioners, Tejinder Singh and Rajinder Singh, both sons of Sukhjit Singh, have filed this petition under Section 438 of the Criminal Procedure Code for releasing them on bail in the event of their arrest in FIR No. 248 dated 16.12.2009 registered at Police Station Sadar, Ludhiana, under Sections 382, 148/149 IPC. This FIR was got registered by Amanpreet Singh with the allegations that he alongwith Tejinder Singh, petitioner No.1, purchased the truck in dispute, which was being plied by them jointly and that subsequently Tejinder Singh executed a power of attorney in his favour for plying that truck exclusively and that he became exclusive owner of that truck. On 13.12.2009 at about 11 AM both the petitioners, alongwith five more persons, armed with kirpans and dandas came to his house and forcibly took away that truck. Counsel for the petitioners has drawn attention of this Court Crl. Misc. No. M-1517 of 2010 2 towards the documents filed with this petition in order to show that this truck was purchased in the name of Tejinder Singh and that the power of attorney so executed in favour of the complainant was revoked/cancelled. Those documents are of no use to the petitioners as it is the case of the complainant himself that the truck was purchased in the name of Tejinder Singh, petitioner No.1. The factum of revocation/cancellation of the power of attorney itself shows that such a power of attorney was executed by petitioner No.1 in favourt of the complainant. On the basis of that power of attorney, the complainant became absolute owner of the truck. It is an admitted fact that the truck has already been recovered from the possession of Sukhjit Singh, father of the petitioners. When the recovery of the stolen property has been effected, it cannot be said that custodial interrogation of the petitioners is required. Accordingly, this petition is allowed. In case of arrest of the petitioners in the FIR mentioned in the petition, they shall be released on interim bail to the satisfaction of the arresting officer, subject to the following conditions:- (i) They shall join the investigation as and when required by the Investigating Officer; (ii) they 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) they shall not leave the limits of this country without prior permission of the Court. February 17, 2010 (GURDEV SINGH ) prem JUDGE