IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-24944 of 2009
Date of decision : 9.12.2009
Bijender Singh
.... Petitioner
Versus
State of Haryana
.... Respondent
Present: Mr. Rakesh Nehra, Advocate for the petitioner.
Mr. Pawan Singh, AAG, Haryana.
****
S.S. SARON, J.
Heard counsel for the parties.
The petitioner seeks regular bail in a case registered
against him for the offences under Sections 420, 467, 468, 471/34
Indian Penal Code at Police Station City Rewari, District Rewari.
The FIR has been registered on the statement of Mahabir
Singh, ASI, Incharge Anti-Auto Theft Squad, Rewari on 13.5.2003.
While Mahabir Singh, ASI along with other police officials was
present at Jhajjar Chowk, Rewari for patrolling purposes, a secret
information was received that one Bolaro Car which had been stolen
and the chassis number of the vehicle had been changed and forged
documents of the vehicle had been prepared by the accused was being
brought from Bhiwani to sell the same at Rewari in the evening. If
the vehicle was apprehended and checked and the persons bringing it
interrogated, then many stolen vehicles could be recovered. The said
persons had sold vehicles by preparing forged documents or were
Crl. Misc. No. M-24944 of 2009 [2]
trying to sell the same. On receipt of the information, a check post
was set up at Jhajjar chowk to apprehend the said vehicle. At around
6.30 p.m., a Bolaro vehicle came from Jhajjar side which was checked
after stopping the same. The driver of the same disclosed his name as
Bijender Singh (petitioner). The chassis number of the vehicle was
found to be erased and changed. The changed number could be seen
clearly. The Registration Copy produced by Bijender Singh
(petitioner) was having changed numbers. The Registration Copy
was different from the present pattern and the columns in the
Registration Copy were filled with the different ink. Bijender Singh
(petitioner) accepted that he and one Pawan Sharma had forged the
Registration Copy and on this basis they used to get no objection
certificate. Accordingly, Bijender Singh was apprehended on
13.5.2003 and the FIR above-mentioned was registered.
The petitioner was granted the concession of pre-arrest
bail. However, he jumped bail and absconded. Therefore, he was
declared a Proclaimed Offender by the Court on 16.12.2008.
Thereafter, the petitioner was arrested in another case under the
Excise Act and on production warrants, he was arrested in the present
case on 16.3.2009 and since then, he is in custody. The prosecution
has examined eight witnesses and two witnesses remain to be
examined for which the case is fixed for tomorrow (i.e. 10.12.2009).
Therefore, at this stage, keeping in view the fact that the petitioner
had earlier absconded and now only two witnesses remain to be
examined, it would be inexpedient to extend him the concession of
bail at this stage.
Crl. Misc. No. M-24944 of 2009 [3]
Accordingly, the Crl. Misc. petition is dismissed.
However, the prosecution shall ensure that the witnesses are present
tomorrow (i.e. on 10.12.2009) and the learned trial Court shall make
every effort and endeavour to record their statements and shall
conclude the trial as expeditiously as possible.
(S.S. SARON)
JUDGE
December 9, 2009
amit