BALDEV SINGH ALIAS GIANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD . Learned counsel for the petitioners submit that Gurdev Singh could become owner of the truck after he had paid the entire instalments of loan to the Financier. He further submits that Financier was justified in taking hold of the truck for recovering the loan amount as the Financier had lien on the truck and this right of lien could be exercised by the Financer if any part of the loan amount remained outstanding and as such if the truck was taken hold of by the Finance Company, no offence of theft is constituted. He has sought to draw support from the Single Bench judgment of this Court reported as Sham Lal Sud v. Jagdev Singh, 1994(2) RCR 21. He further submits that truck is lying with the Police. In the fitness of things, I feel that anticipatory bail should be allowed to the petitioners. It is, therefore, ordered that in the even of arrest, the Investigating Officer will call upon the petitioners to furnish bail bonds to his satisfaction. The petitioners shall join the investigation and keep joining the investigation as and when directed by the Investigating Officer to do so.