IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No.M-25887 of 2011 Date of Decision: February 22, 2011 Gursewak Singh @ Sewak .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Gorakh Nath, Advocate, for the petitioner. Mr. G.S. Attariwala, Additional Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) 1. This petition has been filed under Section 439 Cr.P.C. for grant of bail to the petitioner in case FIR No.198 dated 25.10.2009 under Sections 412 and 413 IPC registered with Police Station, Sadar, Abohar, District Ferozepur. 2. Learned counsel for the petitioner has argued that a Scorpio vehicle was subject matter of robbery whereupon FIR bearing No.411 Crl. Misc. No.M-25887 of 2010 [2] dated 30.8.2009 under Section 394/34 IPC, Police Station, Kotwali, Ganganagar (Rajasthan), was registered. 3. Learned counsel contends that for the offence under Section 394 IPC, allegedly committed by the petitioner, the respondent-State could not have implicated the petitioner in the present FIR under Sections 412 and 413 IPC which involve dis-honestly receiving property stolen in the commission of dacoity; and habitually dealing in stolen property. 4. It has been argued that Scorpio vehicle, as per the case lodged in Ganganagar, was robbed by the petitioner and his co-accused. In such circumstances, it is not receipt of stolen property by the petitioner. 5. Learned counsel for the respondent- State, on instructions from Mr. Virender Singh Brar, PPS, Superintendent of Police, Abohar, has not been able to justify lodging of FIR against the petitioner for dealing in stolen property or dis-honestly receiving stolen property. 6. In view of the stand of the respondent-State (investigating agency), the petition is allowed. 7. Bail to the satisfaction of the Crl. Misc. No.M-25887 of 2010 [3] Trial Court. Heavy surety. (AJAI LAMBA) February 22, 2011 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?