Judgment

Mr. Deepak Manchanda, J.

Petitioner has prayed for grant of regular bail under Section 439 of the Code of Criminal Procedure, 1973 in case FIR No.1 dated 03.01.2023, under Sections 379 , 411, 465, 467, 471, 482 IPC registered at Police Station Kiratpur Sahib, District Sangrur.

2. As per the allegations leveled in the FIR lodged on the statement of Gurcharan Singh, he was a driver and had one truck bearing No. PB-12N-0655 Tata 3118 Model 2011, white colour on its front and body being red in colour. On 21.12.2022 in the evening he parked his truck in the parking of Gurudwara Shahi Tibbi Village, Hazara and it was stolen by someone on the intervening night of 22/23-12-2022.

3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present FIR. He submits that the petitioner is a reputed businessmen in the name and style of Walia Motors for the last about 30 years and has no criminal record and is having clean antecedents. He submits that the said truck was purchased from Amanpreet Singh for a total consideration of Rs. 8,70,000/- out of which Rs.3,70,000/- has already been paid to him. No objection certificate has duly been issued by the Transport Department, RLA, Nurpur in favour of the petitioner and the petitioner is the rightful owner of the truck. Learned counsel for the petitioner further submits that the petitioner is in custody since 03.01.2023 and the investigation of the case is not complete. He prays for bail.

4. On the other hand, learned State counsel on instructions from ASI Pardeep Sharma opposes the prayer made by the learned counsel for the petitioner. Learned State counsel has referred to the reply filed by the State and submits that during investigation it transpired that the petitioner is into purchasing of stolen vehicles and tampering with the chassis number and also makes some other modifications in order to change its look. It is further submitted that the matter is under investigation and the truck has been sent to FSL for examination report of which is still awaited.

5. Considering the above background, the custody of the petitioner and the fact that the investigation is still pending and the FSL report is also awaited, the trial, if any, would take considerable time to commence, further detention of the petitioner may not be necessary for any useful purpose.

6. Resultantly, without meaning any expression of opinion on the merits of the case, it is ordered that the petitioner be released on regular bail in the above case, subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of the trial Court concerned. The petition is allowed.