IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-26851 of 2009 Date of Decision: February 04, 2010 Harjit Singh @ Happy & Another .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. K.K. Garg, Advocate, for the petitioners. Mr. Gaurav Garg Dhuriwala, Assistant Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of bail to the petitioners in case FIR No.394 dated 30.8.2009, under Sections 457, 380, 447, 427, 506, 511 IPC, registered with Police Station, Kotwali, Patiala. Vide Order dated 10.11.2009, it was made clear that in case the petitioners do not cooperate with the investigating agency, the petition shall be liable to be dismissed on the next date of hearing. Crl. Misc. No. M-26851 of 2009 [2] Order dated 2.12.2009 also notices that although petitioners came before the investigating agency, however, did not render any cooperation. Condition was again imposed. One last opportunity was given to the petitioners vide Order dated 8.12.2009. Learned counsel for the respondent- State, on instructions from Parkash Masih, Head Constable, states that the petitioners are not cooperating at all. In case the custodial interrogation is not allowed, the case would not reach its logical conclusion and the investigation process shall be frustrated. I have considered the rival contentions. Allegation is of breaking open a shop and committing theft alongwith co-accused. In such circumstances, recovery is required to be effected and modus operandi of the accused is required to be ascertained. In my considered opinion, custodial interrogation, in the facts and circumstances of the case, is required. The petition is dismissed. (AJAI LAMBA) February 04, 2010 JUDGE avin