Crl. Misc. No. M-12692 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-12692 of 2011 (O&M) Date of decision : 28.4.2011 Gurdip Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. J.S. Brar, Advocate for the petitioner. Rajan Gupta, J. (oral) This is a petition under Section 438 Cr.P.C. seeking pre- arrest bail bail in a case registered against the petitioner under Section 379 IPC at Police Station City Malaut, District Sri Muktsar Sahib, vide FIR No.41 dated 30th March, 2011. Learned counsel for the petitioner has argued that recovery of the tractor in question was effected from Sandeep Singh. The petitioner has no role to play in the commission of crime and thus, he deserves the concession of pre-arrest bail. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. The complaint was lodged by Hardeep Singh, who stated that he was owner of a tractor make New Holland bearing Chassis No.2136927, Engine No.047287N, Model 5500 TT. On 26th March, 2011 when he had gone to Malaut for some domestic work, he had Crl. Misc. No. M-12692 of 2011 2 parked the tractor in front of shop of Dr. Sukhwant Singh and went to the shop of the said doctor for taking medicines. However, when he came out, he found that the tractor was missing. The instant FIR was lodged. During investigation, the tractor was recovered by Inspector Jaspal Singh while it was being driven by Sandeep Singh on 30th March, 2011. The petitioner was sitting next to Sandeep Singh at the time of recovery. Under the circumstances it cannot be said that the petitioner had no role to play in the commission of crime. Custodial interrogation of the petitioner may be necessary. The petition is devoid of merit and is hereby dismissed. However, in case the petitioner surrenders before the investigating agency/trial court within one week from today and applies for regular bail, his plea shall be decided within four days thereafter. (RAJAN GUPTA) JUDGE 28.4.2011 'rajpal'