IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-25800 of 2009 Date of decision : October 21, 2009 Tilak Raj Jain ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Puneet Bali, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Tilak Raj Jain has filed this petition for bail in case FIR No. 246 dated 26.7.2009 under sections 392, 397 IPC and section 25 of Arms Act (Sections 395, 412 IPC and sections 54, 59 of Arms Act added subsequently) Police Station Kundli, District Sonepat. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, a truck loaded with aluminium wires was robbed by four persons. During investigation, it transpired that six persons had committed the said robbery amounting to dacoity. The allegation against the petitioner is that he purchased four and half tones of aforesaid stolen aluminium wire and out of it he took half Criminal Misc. No. M-25800 of 2009 -2- tone aluminium wire in his car and dumped the remaining four tones wire in the godown of co-accused Manoj Jain from where it was recovered. Learned State counsel, on instructions from ASI Surinder Kumar, states that the petitioner had allegedly sold four tones of aluminium wire to Manoj Jain. Learned counsel for the petitioner contended that only half tone stolen wire has been recovered from the petitioner whereas four tones of stolen wire was recovered from co-accused Manoj Jain but Manoj Jain has been granted bail by Sessions Court vide order Annexure P/2. The petitioner is in custody since 13.8.2009 i.e. for more than two months. Allegation against the petitioner is regarding offence under section 412 IPC only. In view of the aforesaid but without meaning to comment anything on merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Sonepat. ( L.N. Mittal ) October 21, 2009 Judge 'dalbir'