' A case under section 420/406, P.P.C. Stands registered against the petitioner and two others with Police Station Kothala Shcikhan, District Gujrat. The allegation against the petitioner is that he alongwith his co-accused obtained Rs,8,500 with a promise to get the first informant loan from a bank. It is further contended that the petitioner never managed to get the first informant loan from the bank nor he returned the amount received from the first informant. It is also alleged in the F.I.R.
That the co-accused of the petitioner also took a bufallo worth about Rs,9,500 and the co-accused of the petitioner has neither returned the buffalo nor paid the amount.
2. It is contended by learned counsel for the petitioner that the only allegation against the petitioner is that he accompanied the co-accused who received the money. Submits that the petitioner has nothing to do with it, nor he ever received the amount in question. Submits that the learned Sessions Judge refused the pre-arrest bail solely on the ground that earlier a petition was dismissed but that fact was not mentioned in the subsequent application. It is pointed out that the petitioner had engaged the same counsel who knew all the facts, therefore, it was the fault of the counsel who had not mentioned the fact of having filed an application earlier.
3. Admit Notice.
4. The petitioner is allowed pre-arrest hail in the sum of Rs,10,000 with two sureties, each in the like amount, to the satisfaction of Assistant Commissioner/Duty Magistrate, Mandi Bahauddin. On the next date of hearing the petitioner shall appear in person.