IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-10074 of 2009 Date of decision: 8th May, 2009 Jagdish Chander Dua … Petitioner Versus State of Haryana … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Jitender Dhanda, Advocate for the petitioner. Mr. S.S. Mor, Sr. Deputy Advocate General, Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioner in case FIR No. 171 dated 26.03.2009 registered at Police Station Civil Lines, Hisar under Section 406 IPC. On April 17, 2009, this Court had passed the following order: “Counsel for the petitioner rely upon order (Annexure P4) passed by a Co-ordinate Bench in Civil Writ Petition No. 5249 of 2009. The order passed in the above said writ petition on 1.4.2009 read as under:- “Relies upon the office-note dated 16.03.2009 of the Estate Officer, which indicates that the file in question was in custody of the Patwari and not in the custody of the petitioner. Notice of motion for 10.08.2009. Meanwhile, operation of the order dated 18.03.2009 passed by the Chief Information Commissioner, Haryana, shall remain stayed. Criminal Misc. No. M-10074 of 2009 To be listed before the Registrar (Judicial)-II for competition of service and pleadings”. Issue notice of motion to learned Advocate General, Haryana, for 8.5.2009. Meanwhile, in the event of arrest, petitioner(s) shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioner(s) shall join investigation as and when called for. Petitioner(s) shall also abide by the conditions specified under Section 438(2) Cr.P.C.” Mr. Jatinder Dhanda appearing for the petitioner has stated that Civil Writ Petition NO. 5249 of 2009 is still pending in this Court. Counsel for the State, on instructions from SI Kulbhushan, has stated that petitioner has joined investigation but file is yet to be recovered. The dispute, in the present case, is whether the file has been lost by the Patwari or by the present petitioner. Writ Court is seized of the matter. Otherwise also, Estate Officer has noticed that file in question is in custody of Patwari, Mr.Jaiveer Singh. Therefore, interim bail granted to the petitioner vide order dated April 17, 2009 is made absolute till submission of report under Section 173 Cr.P.C. (challan). Thereafter, petitioner will be permitted to furnish regular bail bonds to the satisfaction of the trial Court. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE May 8, 2009 rps 2