Crl. Misc.No.M-32161 of 2010 # 1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc.No.M-32161 of 2010 Date of Decision:-22.11.2010 Chanan Singh @ Channa. ......Petitioner. Versus The State of Punjab. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. K.S. Sidhu, Advocate for the Petitioner. Mr. Gaurav Garg Dhuriwala, AAG Punjab. *** JASWANT SINGH, J (ORAL) Prayer is under Section 438 Cr.PC for grant of anticipatory bail to the petitioner Chanan Singh @ Channa in case FIR No.20 dated 10.02.2009 under Sections 382 and 343 of Indian Penal Code registered with Police Station Dharamkot, District Moga. As per allegations in the FIR, petitioner along with his non- applicant co-accused had intercepted a truck on the highway and after giving beatings to the complainant-driver and conductor and tying them down they had stolen the truck. It has come on the record that the main accused Pargat Singh and Bhajan Singh were arrested and Truck recovered. In the disclosure statements they had stated that the truck was sold to one Crl. Misc.No.M-32161 of 2010 # 2# Shibu resident of Uttar Pradesh. Learned counsel submits that except the disclosure statements of the co-accused Pargat Singh and Bhajan Singh there is no other evidence to connect the petitioner with the case. Learned State Counsel submits that accused Bhajan Singh who was arrested in some other case during his interrogation has disclosed that he along with Pargat Singh, Partap Singh and Chanan Singh(petitioner) had stopped the truck on a highway on 8.2.2009 after giving beatings to the driver and cleaner of the aforesaid truck and stolen the same. It is further pointed out that that during investigation it was disclosed by Bhajan Singh that petitioner Chanan Singh and Pargat Singh had sold the Truck bearing number HR-58-3303 to one Shibu resident of Uttar Pradesh, which was later on found in Police Station Shahbad(U.P.) taken in custody by the police under Section 41 read with Section 4 of the Special Act. Learned State Counsel further points out that the said Truck was recovered from the police station having jurisdiction over the area to which Mr. Shibhu belongs. Learned State Counsel has further argued that proclamation proceedings qua the petitioner as well as co-accused Partap Singh have been initiated. After hearing learned counsel for the parties and keeping in view the nature and gravity of offence it is felt that custodial interrogation of the petitioner is required, as such no ground for grant of anticipatory bail is made out. Dismissed. ( JASWANT SINGH ) JUDGE 22nd November, 2010 Vinay