In the High Court of Punjab and Haryana at Chandigarh
......
Criminal Misc. No.M-8251 of 2009
.....
Date of decision:16.4.2009
Amarjeet Singh
.....Petitioner
v.
State of Haryana
.....Respondent
....
Present: Mr. R.S. Mamli, Advocate for the petitioner.
Mr. Deepak Jindal, Assistant Advocate General, Haryana
for the respondent-State.
.....
S.S. Saron, J.
Heard learned counsel for the petitioner.
The petitioner seeks pre-arrest bail in a case registered against
him on 1.2.2008 for the offences under Sections 407, 417, 418, 420 and
120-B IPC.
The FIR in the case has been registered on the statement of
Manoj Kumar-complainant. It has been alleged by the complainant that on
30.1.2008 he got loaded 136 bundles of utensils in truck No.HR 58-3522 for
being carried to Delhi. The driver of the truck was Gulzar Singh, who is the
brother of the petitioner Amarjit Singh. It is alleged that the truck did not
reach its destination and the utensils have been misappropriated by Gulzar
Singh, the driver along with his co-accused. On 16.2.2008, Gurinder Pal
resident of Fazilia (Himachal Pradesh) was arrested. He made a disclosure
statement to the effect that on 30.1.2008, he, Gulzar Singh, truck driver and
Amarjeet Singh alias Bitta (petitioner), brother of Gulzar Singh, Harpreet
Cr. Misc. No.M-8251/2009
[2]
Singh son of Jagmohan Singh, Amarjeet alias Bobby resident of Najibabad,
Kulwinder resident of Namdarpur, Police Station Chhappar had colluded
and kept the belongings of the truck No.HR 58-3522 i.e. brass utensils,
copper and steel wire near Village Jhinvarheri and the rest of the goods have
been kept in the house of Kulwinder Singh alias Ranga. Gulzar Singh had
agreed to give him (Gurinder Pal Singh) Rs.50,000/- and Rs.50,000/- to
Harpreet Singh, brother of Gurinder Pal Singh and to Amarjeet Singh alias
Bobby. The plan had been made to sell the goods slowly. On the basis of
the disclosure statement of Gurinder Pal Singh, the Police went to Village
Namdarpur and 97 bundles of copper, brass and steel and wire pipes etc.
were recovered and taken in police possession. Recoveries have been
effected from the other accused who have been arrested in the case. The
petitioner had been evading his arrest.
Learned Sessions Judge, Yamuna Nagar has observed that the
petitioner has to be interrogated by the Police in order to effect the recovery
of the remaining bundles. Besides, it may be noticed that Anil Kumar uncle
of the complainant also made a statement on 1.2.2008 to the effect that four
accused had been arrested in the case and recovery of 128 bundles of
utensils have been effected from them.
In the facts and circumstances, the custodial interrogation of the
petitioner would be necessary. Therefore, no ground for grant of pre-arrest
bail is made out in favour of the petitioner.
The criminal miscellaneous petition is dismissed.
However, in case the petitioner surrenders by 21.4.2009, his
application for regular bail shall be considered by the concerned Court
within three days after expiry of the period of the Police remand, if any.
Cr. Misc. No.M-8251/2009
[3]
April 16, 2009. (S.S. Saron)
Judge
*hsp*