Crl. Misc. No. M-34930 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-34930 of 2009 Date of Decision: 17.05.2010 Rakesh Kumar ........Petitioner Versus State of Punjab .......Respondent CORAM:- HON'BLE MRS. JUSTICE SABINA Present: Mr. Harpreet Singh, Advocate for Mr. Manish Kumar Singla, Advocate, for the petitioner. Mr. Amandeep Singh Rai, Asstt. A.G., Punjab. ****** SABINA, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure (in short 'Cr.P.C.') for grant of anticipatory bail in case FIR No.589 dated 16.08.2009, under Sections 420, 408 read with Section 34 of Indian Penal Code (in short 'IPC'), Police Station Kotwali, Bathinda, District Bathinda. At the time of issuance of notice of motion on 11.12.2009, the following order was passed by this Court:- "Counsel for the petitioner contends that the petitioner is not involved in the deal at all and he has been wrongly named in the FIR. His further cotention is that as per the allegations in the FIR itself. Harpdeep Singh, Truck driver Crl. Misc. No. M-34930 of 2009 -2- and Kuldip Singh, Conductor in order to complete the weight, had filled bajri and iron powder in the boxes of the cabin of the truck. He relies upon the notice of motion having being issued for 08.01.2010 in the case of Crl. Misc. No.M-29460 of 2009 titled as Hardeep Singh Vs. State of Punjab, wherein the driver of the truck Hardip Singh has already deposited Rs.40,000 with the Registrar of the High Court, which is the cost of the alleged underweight patti. He contends that the petitioner is ready and willing to join investigation and co- operate with the same. Notice of motion for 08.01.2010. In the meanwhile, in the event of arrest of the petitioner, he shall be released on bail to the satisfaction of the Arresting Officer, subject to the conditions contained in Section 438(2) Cr.P.C. He shall join the investigation as and when required. To be heard along with Crl. Misc. No.M-29460 of 2009 titled as Hardeep Singh Vs. State of Punjab". Learned State counsel, who is assisted by Head Constable Charanjit Singh, has submitted that in terms of the above order, petitioner has joined investigation and is not required for further investigation. Accordingly, without expressing any opinion on the merits of the case, the interim bail granted by this Court vide order dated 11th December, 2009 is made absolute. The petition stands disposed of accordingly. May 17, 2010 (SABINA) Gagan JUDGE