In the High Court of Punjab & Haryana at Chandigarh
CRM No. M-16391 of 2009 (O&M)
Kishan Dass ..... Petitioner
vs
State of Punjab ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. D. D. Sharma, Advocate, for the petitioner.
Mr. Anter Singh Brar, Senior Deputy Advocate General, Punjab.
Rajesh Bindal J.
The petitioner was arrayed as an accused in the FIR on the statement
of co-accused Veeru. The allegations are of theft of a gold kara and approximately
Rs. 7,000/- in cash. Veeru was arrested and recovery of articles and money was
effected from him. The learned court below has rejected the application filed by
the petitioner noticing the fact that the petitioner is involved in 4-5 theft cases.
Learned Senior Deputy Advocate General on instructions from ASI
Bhagwant Singh submitted that the petitioner is involved in the present case only
and no other case is pending against him. Factum of arrest of co-accused Veeru
and recovery of articles and money is not disputed. It was also fairly submitted that
co-accused Veeru has been released on regular bail by the learned court below.
Keeping in view the aforesaid fact, in my opinion, custodial
interrogation of the petitioner is not required. Accordingly, arrest of the petitioner
is stayed. He shall join investigation as and when required and shall also abide all
the conditions as envisaged under Section 438 (2) Cr. P.C.
Disposed of.
1.7.2009 ( Rajesh Bindal) vs. Judge