Crl.M.No.6959-M of 2008 -1 -
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
Crl.M.No.6959-M of 2008
Date of Decision : 8.7.2008.
Javed
..Petitioner
Vs.
The State of Haryana
..Respondent
CORAM : HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
Present : Mr.R.S.Rai, Sr.Advocate with
Mr.Anurag Arora, Advocate for the petitioner.
Ms.Neena Madan, Addl.AG Haryana.
RAKESH KUMAR JAIN, J.
This petition has been filed under Section 439 Cr.P.C. seeking
regular bail in a case registered vide FIR No.143 dated 2.10.2007 under
Section 395 IPC at P.S.Nagina, District Mewat.
The allegations against the petitioner are that on 1.10.2007 at
about 9.30/10 P.M. he along with some 4-5 unknown persons had
illegally/forcibly taken away truck bearing registration No.HR-46-A-8914
while in motion after stopping Tata-407 vehicle in front of the same. They
also removed Rs.15,000/- and a licence from the pocket of Shokeen,
complainant/driver of the truck and had taken away driver and conductor
after tying a strip of cloth on their eyes as well as on their hands and legs.
When on 2.10.2007, the petitioner along with complainant Jakir was taking
truck to UP for sale he was apprehended on the way as a result of which
another case was registered against them under Section 412 IPC vide FIR
No.243 at Police Station Hodal at the instance of ASI Liaqat Ali.
Crl.M.No.6959-M of 2008 -2 –
Counsel for the petitioner has vehemently argued that except
for the disclosure statement of the accused, there is nothing to connect the
petitioner with the crime under Section 395 IPC.
On the contrary, counsel for the State has submitted that truck
has been recovered from the petitioner himself. It is further submitted that
except for the petitioner, no one else has been arrested so far and the offence
that has been committed by the petitioner is serious in nature as he along
with co accused have waylaid the truck driver & conductor.
In view of the above, without expressing any opinion on the
merits of the case, I do not find that it is a fit case in which the petitioner
deserves to be released on bail. Therefore, the petition is hereby dismissed.
(Rakesh Kumar Jain)
8.7.2008. Judge
Meenu