- (1.) This Court, on February 23, 2012, had passed the following order: The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioners in case FIR No. 40 dated 30.1.2012 registered at Police Station Pinjore, District Panchkula, Haryana, under Sections 379 & 188 IPC read with Section 21 of the Mines Act, 1952 and Section 3(2) of the Prevention of Damage to Public Property Act, 1984. Learned counsel for the petitioners contends that a bare perusal of the FIR reveals that two trucks bearing registration Nos. HR-68-9472 and HYE-411, loaded with stones were found in the area where its mining is banned. Learned counsel submits that in the FIR it is stated that the drivers of the trucks had decamped from the spot and were not arrested. It is submitted that the petitioners, being registered owners of the trucks, are sought to be arrested. He further submits that there is no material with the Investigating Agency that the trucks had gone to load the stones with the consent of the petitioners. He further submits that the act of the driver or of a person, who had hired the trucks, will not fasten the petitioners with criminal liability. Issue notice of motion to the Advocate General, Haryana, for 12.3.2012. Meanwhile, in the event of arrest, the petitioners shall be admitted to interim bail on their furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioners shall, however join the investigation as and when called for and they will also abide by the conditions as specified under Section 438 (2) Cr.P.C. Counsel for the State, on instructions from Ajit Pal HC, Police Station Pinjore, District Panchkula, states that the petitioners have joined the investigation and are no longer required for custodial interrogation by the investigating agency.
(2.) For the reasons stated in order dated February 23, 2012 and in view of the statement made by Counsel for the State, the present petition is accepted. The interim pre-arrest bail granted to the petitioners vide order dated February 23, 2012 is made absolute and it is ordered that in the event of arrest, the petitioners shall be released on bail to the satisfaction of the arresting/investigating officer. However, they shall continue to appear before the investigating agency as and when calledfor till filing of a report under Section 173 Cr.P.C. They shall also abide by the conditions specified under Section 438 (2) Cr.P.C. On submission of the report under Section 173 Cr.P.C., the petitioners shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court.;