Sunder v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-12227 of 2017 (O&M) Date of Decision: April 20, 2017 Sunder

...Petitioner

VERSUS

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Manish Soni, Advocate for the petitioner.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.575 dated 05.09.2016 under Sections 392, 397 IPC and Section 25 of the Arms Act, registered at Police Station Sector-10, Gurugram, District Gurugram.

Notice of motion.

Mr.B.S.Virk, Deputy Advocate General, Haryana, has put in appearance on behalf of the respondent-State and contested the petition. Police record is also available.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. From the record, I find that in this case challan has already been presented and charges have been framed but no witness has been examined Vineet Gulati 2017.04.21 17:13 I attest to the accuracy and authenticity of this document Chandigarh so far. There is every apprehension that the petitioner may tamper with the

CRM No.M-12227 of 2017 -2evidence. Furthermore, I have also gone through the FIR. The perusal of the FIR shows the nature and gravity of the offence. As per the FIR, in the night of 3/4.09.2016 between 12 to 1.00 a.m., the vehicle started budging and noise came, upon which Ramesh Chand Panna Lal felt something. He came down from the vehicle and saw all the four sides but there was nothing. When he was getting into the vehicle, then three persons came from behind and pushed him inside the vehicle and nabbed him with blanket and sheet. One person pointed country made pistol on head of Ramesh Chand and another person pointed country made pistol on stomach and third person started moving the vehicle and told him that if he raise his voice, he will be killed and also snatched the mobile, cash etc. and locked him in one room and two persons remained with him. Then in the morning, after putting strip on the eyes of Ramesh Chand and cloth on his mouth, he was left from Panchgaon to KMP Highway at a distance of one kilometer on motorcycle.

Keeping in view the facts and circumstances of the present case, nature and gravity of the offence, I do not find it a fit case where petitioner is entitled to benefit of regular bail. Therefore, finding no merit in the present petition, the same is dismissed.

April 20, 2017 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2017.04.21 17:13 I attest to the accuracy and authenticity of this document Chandigarh