CRM.M-28731 of 2009 1
In the High Court for the States of Punjab and Haryana at Chandigarh.
CRM.M-28731 of 2009
Decided on 10.11.2009.
Rekha @ Rakesh Kumari -- Petitioner
vs.
State of Haryana --Respondent
CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
Present: Mr.S.K.Arora, Advocate,for the petitioner
Mr.Amit Khatkar,A.AG, Haryana.
Rakesh Kumar Jain, J: (Oral)
This is a petition under Section 439 of the Code of
Criminal Procedure, 1973 (for short,’Cr.P.C.’), for regular bail in case
FIR No.169 dated 06.6.2009 registered under Sections 307,
398,401,411,420,467,468,471 IPC and 25, 54 & 59 of Arms Act, at
Police Station, Thanesar, District Kurukshetra.
Admittedly, the petitioner was arrested from the spot and
75 revolvers, 10 DBBL guns and one carbine i.e, total 86 weapons
besides 887 live cartridges without any permit or license were
recovered from the vehicle in which the petitioner was travelling and
that vehicle was displaying forged number plate.
Learned counsel for the petitioner has submitted that the
petitioner is a juvenile being 17 years of age , therefore, in terms of
CRM.M-28731 of 2009 2
Section 12 of the Juvenile Justice (Care & Protection of Children)
Act, 2000 (for short, ‘the Act’), she is entitled to bail.
Before coming to this Court, the petitioner had applied for
regular bail before the Court below which was dismissed by learned
Addl.Sessions Judge, Kurukshetra, vide his order dated 14.9.2009,
observing as under:-
“After hearing both the sides, I am of the considered
opinion that the present application deserves to be
dismissed. The allegations in the FIR are grave and
serious. The police party has been fired at several rounds.
The petitioner, though a juvenile, is alleged to be involved
in the acts of looting with her co-accused. A large
quantity of arms and ammunition was recovered from the
petitioner and her co-accused. Therefore, release of the
petitioner from custody would defeat the ends of justice.
The petitioner is alleged to be involved in organized
crime and in case of her release on bail, she is likely to
come in association with hardened criminals and she is
likely to be exposed to moral danger”
Learned counsel for the State, on receiving instructions
from ASI Kehar Singh, states that the petitioner is involved in another
FIR No. 49 dated 03.4.2007 registered under Sections, 3,4, and 5 of
The Immoral Traffic (Prevention) Act, 1956 at Police Station, City,
Ferozepur. It is submitted that out of eight accused, two accused are
still at large and their arrest warrants have been issued.
After hearing the learned counsel for the parties and
CRM.M-28731 of 2009 3
keeping in view the rider to Section 12 of the Act, I do not find it to
be a fit case for grant of regular bail. Hence, the bail application of
the petitioner is hereby dismissed.
However, nothing observed herein shall be construed to
be an expression of opinion on the merits of the case.
10.11.2009 (Rakesh Kumar Jain) RR Judge