Criminal Misc. No. M-27865 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-27865 of 2009 Date of decision: December 10, 2009 Angrej Singh -Petitioner Versus State of Punjab -Respondent Coram Hon'ble Mr. Justice Rajan Gupta Present: Mr. IS Brar, Advocate, for the petitioner. Mr. Shilesh Gupta, DAG, Punjab. Rajan Gupta, J.(Oral) This is a petition for pre-arrest bail in case FIR No. 140 dated 8.9.2009 registered against the petitioner under Sections 430/379 IPC at police sttion Sadar Faridkot. Mr. Brar contends that the only allegation against the petitioner is that he irrigated his land by installing an illegal syphon at outlet No. 8330/L of Machaki Kalan minor. Counsel submits that there is a special provision i.e. Section 70 of Northern Indian Canal & Drainage Act, which provides for only one month's imprisonment and Rs.1000/- fine. According to counsel, Sections 430 & 379 IPC have been wrongly invoked by the police. Learned State counsel ( on instructions from ASI Ram Sarup, who is present in Court) submits that pursuant to order dated October 07, 2009, petitioner has joined the investigation and is no longer required for custodial interrogation. Criminal Misc. No. M-27865 of 2009 2 In view of the statement made by learned State counsel, the interim order dated October 07, 2009 is hereby made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C. The petition stands allowed in aforesaid terms. [Rajan Gupta] Judge December 10, 2009. 'ask'