CRM No. M-27580 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CRM No. M-27580 of 2009 (O&M)
Date of decision: 05.10.2009
Ranjit Singh ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sandeep Arora, Advocate, for the petitioner. Rajan Gupta, J (oral).
This is a petition under Section 438 Cr.P.C. seeking
pre-arrest bail in a case registered against the petitioner under Sections
392, 394, 323 IPC and 25/27/54/59 of Arms Act at Police Station
Goraya, District Jalandhar, vide FIR No.40 dated 20th March, 2009.
I have heard learned counsel for the petitioner and given
careful thought to the facts of the case.
The allegation in the FIR is that on 18th March, 2009, when
the complainant was on duty as a conductor in bus, he was assaulted by
four persons. One of them inflicted an injury on his head, two of them
were armed with pistols and two with iron rods. They snatched a bag
from him containing Rs.10,000/-. The passengers travelling in the bus
raised hue and cry. However, the assailants fled. A magazine of the
pistol fell in the bus while they were fleeing.
It is obvious that allegations levelled in the FIR are quite
CRM No. M-27580 of 2009 2
serious. The argument of the learned counsel about inadmissibility of
evidence available against the petitioner is not relevant at this stage. In
fact, custodial interrogation of the petitioner may be required to take the
investigation to its logical end. The petitioner approached the court of
Sessions at Jalandhar for anticipatory bail. However, the prosecution
apprised the court that in another case i.e. FIR No.28 dated 23rd June,
2009, under Sections 379, 411 IPC and 25/54/59 of Arms Act,
registered at Police Station Mehtiana, District Hoshiarpur, one Sarwan
Singh alias Kalu had made a disclosure statement naming the present
petitioner to be one of the robbers involved in the case.
Keeping in view the gravity of the offence allegedly
committed by the petitioner, I do not find it a fit case for grant of
concession of anticipatory bail to the petitioner. The petition is devoid
of merit and is hereby dismissed.
(RAJAN GUPTA)
JUDGE
October 05, 2009
‘rajpal’