Sagar Alias Gulli v. State Of Haryana




    
 
 


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 2&  4  5  %! Learned counsel for the petitioner submits that the allegation against the petitioner is attributed to the effect that some unknown persons has snatched the mobile phone after giving an injury on the head with danda and thereafter fled towards his village Kandoli on the motor-cycle. In fact, the petitioner was subsequently named in the FIR on the basis of disclosure statement of co-accused Ajay @ Billa. Further contention on behalf of the petitioner inspire this Court to infer that false implication cannot be ruled out since he was arrested in another FIR No.602 dated 16.07.2022 under Sections 379 and 411 IPC after the disclosure statement of co-accused in that case as well but during the custody in that FIR, his confessional statement has been recorded to implicate the petitioner in the instant FIR. Recovery of mobile phone is not available on the police file as has been answered to a query putforth to Mr. Chhina by this Court. The recovery of motor-cycle is stated

 

to have been made on 29.09.2022 whereas the confessional statement of the petitioner was recorded on 28.09.2022 when he was already in custody in another FIR No.602 dated 16.07.2022 wherein he was taken into custody on 24.09.2022 and now stands convicted by the trial Court in that FIR who has been subsequently released as treating the custody period already undergone after 24 days of custody.

Learned State counsel has filed the custody certificate of the petitioner, which is taken on record. According to the custody certificate, the petitioner has suffered incarceration of 01 year, 04 months and 29 days. He prays for dismissal of the present petition on the ground that the petitioner is involved in other cases as well.

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8 However, it is made clear that any observation made hereinabove, shall not be construed as an expression of opinion on the merits of the case.

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