1 S.B. Criminal Miscellaneous Bail Application No.9579/2009 Gulshan Sharma Vs. State Date of Order :::: 08/12/2009 Hon'ble Mr. Justice Dalip Singh Mr. S.B. Gauri, Counsel for the Petitioner Mr. Pradeep Shrimal, Public Prosecutor for State *** Heard learned counsel for the accused-petitioner as well as the learned Pubic Prosecutor for the State and perused the record. Co-accused – Rahul, brother of the petitioner, has been released on bail under Section 439, Cr.P.C. after he was arrested and the motor vehicle was recovered at his instance. This is an application for bail under Section 438, Cr.P.C. In the facts and circumstances of the case, I do not find any good reason to grant the benefit of bail under Section 438, Cr.P.C. to the accused-petitioner. However, in case the petitioner surrenders himself before the learned Court below and moves a bail application for being released on bail, the learned court below would consider and decide the same in accordance with law expeditiously. The bail application is accordingly disposed of. (Dalip Singh), J. ashok/