High Court Punjab-Haryana High Court

Sonu Alias Shinder Pal vs State Of Punjab on 10 September, 2009

Punjab-Haryana High Court
Sonu Alias Shinder Pal vs State Of Punjab on 10 September, 2009
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH




                         Criminal Misc. No. M-23153 of 2009
                         Date of decision : September 10, 2009


Sonu alias Shinder Pal
                                            ....Petitioner
                         versus

State of Punjab
                                            ....Respondent


Coram:       Hon'ble Mr. Justice L.N. Mittal


Present :    Mr. IPS Kohli, Advocate, for the petitioner

             Mr. Gaurav Garg Dhuriwala, AAG Punjab


L.N. Mittal, J. (Oral)

Sonu alias Shinder Pal has filed this petition for anticipatory

bail in case FIR No. 13 dated 26.2.2009 under section 395 IPC, Police

Station Behram, S.B.S. Nagar (Nawanshahar).

I have heard learned counsel for the parties and perused the

case file.

According to the prosecution version, 5/6 young persons

including the petitioner tres-passed into house of complainant Narinder

Kaur at about 1.00 AM on night intervening 25/26-2-2009, armed with

sword, dattar and iron rods and started throwing articles out of Almirah, like

searching something. One of them attacked the complainant with his sword

but the complainant ducked and saved herself. Her cry attracted other

family members. They also cried. The aforesaid culprits thereupon ran
Criminal Misc. No. M-23153 of 2009 -2-

away. Complainant and her family members followed the culprits. There

was a Qualis vehicle parked outside. One of the assailants fell down

whereas the other escaped in the vehicle. The boy who had fallen down

disclosed his name as Manoj Kumar alias Mani and also disclosed the

names of his companions as Kamaljit alias Soma, Sonu i.e. petitioner and

one Parveen Kumar and did not disclose the names of the remaining two

persons. However, Manoj Kumar also gave slip and escaped on account of

darkness. One mobile telephone, one camera and some cash amount were

found missing.

Learned counsel for the petitioner contended that, in fact,

petitioner’s co-accused Parveen Kumar had married with the daughter of the

complainant against the wishes of the complainant and they were called to

the house of the complainant for settling the matter but instead of doing so,

the complainant’s daughter was kept there and this false FIR was registered.

It is contended that Parveen Kumar filed habeas corpus petition in this

Court in which complainant’s daughter appeared and stated that she wanted

to live with her husband Parveen Kumar.

On the other hand, learned State counsel contended that mobile

telephone which had been taken away by the culprits has since been

recovered from petitioner’s co-accused Kamaljit Singh alias Sonu. It is

also contended that a serious attack was made on the complainant but she

saved herself by ducking. It is also contended that proceedings for

declaring petitioner as proclaimed offender have already been initiated.

The petitioner has been evading arrest for six months.

Keeping in view the serious allegations that the petitioner along

with his co-accused entered into house of the complainant at odd hour of
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the night and took away mobile phone, camera and cash amount, the

petitioner, in my considered view, does not deserve the concession of

anticipatory bail. The instant petition is accordingly dismissed but without

meaning to express any opinion on merits.



                                                     ( L.N. Mittal )
September 10, 2009                                        Judge
  'dalbir'