Crl.M. No. M-6701 of 2009 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
1) Crl.M. No. M-6701 of 2009
Date of decision : 20.4.2009.
...
Sukhdev Singh @ Baju
................ Petitioner
vs.
State of Punjab
.................Respondent
2) Crl.M. No. M-7026 of 2009
...
Amandeep Sharma
................ Petitioner
vs.
State of Punjab
.................Respondent
3) Crl.M. No. M-7386 of 2009
...
Bhupinder Singh @ Bunty
................ Petitioner
vs.
State of Punjab
.................Respondent
4) Crl.M. No. M-6322 of 2009
...
Gurdhian Singh
................ Petitioner
vs.
State of Punjab
.................Respondent
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. T.K. Joshi, Advocate
Sh. Ashit Malik, Advocate,
Ms. Puja Chopra, Advocate and
Sh. Vishal Aggarwal, Advocate
for the petitioners.
Crl.M. No. M-6701 of 2009 -2-
Sh. A.P.S. Mann, Senior Deputy Advocate General,
Punjab
...
K.C. Puri, J.
Vide this order, I intend to dispose of Crl.M. Nos. M-6701 of
2009, M- 7026 of 2009, M- 7386 of 2009 and M-6322 of 2009, as all
these petitions arise out of FIR No. 214 dated 9.10.2008, initially
registered under Sections 392, 394, 323, 324 IPC and later on added
Sections 397, 201, 120-B IPC, at Police Station Phillaur, District
Jalandhar.
The law was set in motion on recording the statement of
Bhavesh Shah s/o Naveen Shah, r/o Maya Building 3rd Boewara,
Gurlal Wara, P.S. V.P. Road, West Bombay, who has stated as
under:-
“It is stated that I am a resident of aforesaid address. I
have been working as a salesman for 2 ½ years with
Mahendera Brothers export Company Private Ltd.
which deals in diamonds and other precious stones. I do
the work of selling the goods of this company diamonds
and gems to the jewelers of Delhi, Punjab, Amritsar etc.
To day, the 9th October, 2008 at 11-30 a.m. I got down
from Shatabadi express at Ludhiana Railway Station. I
had brought different kinds of diamonds and gems
belonging to the company for sale. After alighting at
the Ludhiana Railway Station, I phoned to M. Jewellers
owner Sh. Mohit Sharma. I used to come to him earlier
Crl.M. No. M-6701 of 2009 -3-
too along with goods. He sent his vehicle Toyota
Innova to take me. I went to the shop of M. Jewellers
Ludhiana in the said vehicle. Then I went to the shop of
Ganpati Jewellers Ludhiana. I had shown the diamonds
and gems to Mohit Sharma and did not show these to
Ganpati Jewellers Ludhiana. I returned to the shop of
M. Jewellers. At about 6.00 p.m. I phoned Thakar at his
mobile phone, “I need a vehicle for going to Amritsar”.
He said to me, “I am going to Delhi, I do not have a
vehicle”. Then I came with Mohit Sharma owner of M.
Jewellers and his security Guard commando to Arti
Taxi stand Ludhiana in his vehicle Mohit Sharma and
his security guard got arranged a vehicle at Rs.1200/-
for my going to Amritsar from Arti Taxi Stand. This
was a silver grey Indica with a dent at the front bonnet.
There was a scratch on the bonnet. Driver beside the
vehicle asked me where shall I go. I said to him, that I
have to go to Amritsar. I sat on the back seat along with
the bag of diamonds. I kept the bag containing clothes
marked vertex on the font seat with the driver and we
started for Amrtisar. Mohit Sharma and his gunman
went back. The features of driver of the car was of
about 25-30 years of age, of medium height thin face,
with a thick trimmed beard, having hair cut at the head.
The car driver had been talking at his mobile phone in
Punjabi from Ludhiana itself and was saying he was
Crl.M. No. M-6701 of 2009 -4-
going on Amritsar road. Then near Sutlej river at the
G.T. Road toll tax was paid. Then the car driver after
crossing the phillaur bus stand had gone about 1 ½
K.M. ahead on the G.T. Road. It was about 7.00 P.M.
Three youths were standing on the road side. On seeing
them the driver slowed down the car and said to me that
he has to urinate. I got afraid in my mind on seeking the
suspicious youth standing by the side of the road and
said to the driver to not stop the car. Despite my saying
the car driver stopped the car 10-15 years away and he
stood on one side after alighting from the car after and
the aforesaid three youth entered the car after opening
the windows and and they started abusing me. Out of
them one of the youth threw a handful of chillies at my
face which fell at my eyes and clothes worn by me. All
the youths started beating me in the car itself and asked
me to give them us whatever I have. I said to them”Do
not beat me, take all whatever I have.” They dragged
me out of car then one of youth gave me three blows
on my left thigh with the knife in his hand and gave
another blow of knife on the back of my right hand.
The other youth gave danda blows on my head and
neck and pushed me down in bushes on the one side of
road. All of them sat in the car and fled towards
Jalandhar alongwith the driver. In the bag lying in the
car I had precious diamonds, three credit card SBI,
Crl.M. No. M-6701 of 2009 -5-
HDFC and Standard Chartered card and Rs.20,000 in
cash and in the other bag I had my clothes etc. These
youth were of about 22-25 years of age and of medium
height. One of them was of Sardar type and the others
wee clean shaven. Then I got up and walking on foot in
the injured condition reached a Kabari shop on G.T.
Road near a Dhaba. Where Darshan Singh and his
another companion, on seeing my condition got me
admitted to civil hospital Phillaur. About the weight of
diamonds and their price, I will disclose later on. All
my clothes were blood stained. The car driver and his
three companions had in unison beat me and snatched
my valuable goods, diamonds and cash. I can recognize
them on coming before me. I am admitted in civil
hospital for treatment. I have heard my statement which
is accepted as correct. Legal action be taken.”
During the investigation, it is revealed that Bhupinder Singh
@ Bunty -applicant was the driver of the vehicle in which Bhavesh
Shah -complainant travelled and he facilitated the robbery of huge
amount of jewellery. Even on the insistence of complainant, he
stopped the vehicle. A fake registration number was also recovered
from him on his disclosure statement. So, he has intention to
facilitate the robbery. So, in these circumstances, he is not entitled to
the concession of bail.
So far as, Gurdhian Singh-applicant is concerned, one pant
and one shirt – allegedly of the complainant and one base ball bat was
Crl.M. No. M-6701 of 2009 -6-
recovered from him. From the accused-Sukhdev Singh @ Baju,
mobile phone, base ball bat and one T-shirt – allegedly of the
complainant, was recovered. Their confessional statement that they
have participated in the occurrence can be appreciated during the
course of trial. In the statement of the complainant, it is not
mentioned that persons other than three accused, namely, Ashok
Kumar, Suresh Kumar and Mohd. Meharban, have actually
participated in the robbery. These two accused are in custody for the
last so many months. Similarly, situated accused, Mohit Sharma has
also been allowed the concession of bail.
So, these two accused, namely, Gurdhian Singh and Sukhdev
Singh @ Baju, are entitled to the concession of bail.
So far as, accused-Amandeep Sharma is concerned, the
allegation against him is that he arranged for the taxi. So, without
commenting on the merits of his case, in my view, he is also entitled
to the concession of bail.
In view of the above discussion, bail application of
Bhupinder Singh @ Bunty, stands dismissed.
So far as, the applicants – Gurdhian Singh, Sukhdev Singh
@ Baju and Amandeep Sharma, are concerned, their bail application
stands allowed and they are ordered to be released on bail to the
satisfaction of the trial Court.
( K.C. Puri )
20.4.2009. Judge
chugh