Mr. Jaspal Singh, J.: (Oral) - This is a petition under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case FIR No.13 dated February 18, 2014 under Section 382 IPC and Section 25 of the Arms Act, Police Station, Mehna, District Moga.

2. While issuing notice of motion on July 18, 2014, contention of learned counsel for the petitioner was that a Chevrolet car had been stolen on the intervening night of February 18, 2014 at about 2.30 AM and it was an open FIR in which no person was named. He submitted that during the course of investigation, two persons were arrested namely Saraj Singh and Simran Singh. The vehicle in question and a fire-arm were sought to have been recovered from Saraj Singh, while Simran Singh was implicated on the basis of accompanying Saraj Singh. The petitioner is sought to be implicated on the basis of a disclosure statement made by co-accused Simran Singh. He submitted that neither the vehicle in question was recovered from him nor was he apprehended with regard to theft of that vehicle.

3. Learned Counsel for the State, on instructions from ASI – Gurdeep Singh, submits that petitioner has joined investigation and is no more required for further interrogation.

4. In view of the above, the petition is allowed. Order dated July 18, 2014, granting interim bail to the petitioner, is hereby made absolute subject to his abiding by the conditions enshrined under Section 438(2) Cr.P.C.

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