Naveen Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (i) CRM No.M-20652 of 2018 (O&M) Naveen Kumar

...Petitioner

VERSUS

State of Haryana

...Respondent

(ii) CRM No.M-31119 of 2018 (O&M) Azhar

...Petitioner

VERSUS

State of Haryana

...Respondent

Date of Decision: July 25, 2018

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Anmol Rattan Sidhu, Senior Advocate with Mr.Pratham Sethi, Advocate for the petitioner (in CRM No.M-20652 of 2018). Mr.Hardeep Singh, Advocate for the petitioner (in CRM No.M-31119 of 2018). Mr.B.S.Virk, Sr. Deputy Advocate General, Haryana for the respondent-State.

**** INDERJIT SINGH, J.

Both the above-mentioned cases are taken up together as these have arisen from same FIR.

Petitioners have filed these petitions under Section 438 Cr.P.C.

CRM No.M-20652 of 2018 and connected petition -2for grant of anticipatory bail in case FIR No.103 dated 11.02.2017 under Sections 120-B, 420, 467, 468, 471 IPC, Sections 13, 7, and 8 of Prevention of Corruption Act and Section 25 of the Arms Act, registered at Police Station Civil Lines, Gurgaon.

Notice of motion was issued. Learned State counsel appeared and contested the petitions.

I have heard learned counsel for the petitioners as well as learned State counsel and have gone through the record. From the record, I find that as per FIR, an enquiry was conducted on receipt of secret information and it has come to light that many forged arms licenses which have been issued from other States, are got re-registered in Gurugram and that NOCs were sent by office of Joint Police Commissioner to the District, from which the licenses have been issued. In reply to that, forged NOCs were sent to the office and on the basis of that forged NOC, forged licenses were re-registered in Gurugram. Forged addresses have been shown in NOCs. It is further stated that whenever new arms licence is issued, one unique identification number gets generated.

When the enquiry officer got checked the UIN number on suspicious licenses which were re-registered in Gurugram on the basis of forged NOCs, it is found that those arms licenses have not been entered on those UIN numbers. The list of those licenses has been given in the FIR. As per the prosecution version, illegal arms were purchased and present petitioners inscribed forged numbers on those weapons. Keeping in view the serious allegations against the petitioners, nature and gravity of the offence, I do not find it a fit case where petitioners are entitled to benefit of anticipatory bail.

CRM No.M-20652 of 2018 and connected petition -3custodial interrogation.

Therefore, finding no merit in both the petitions, the same are dismissed. The order granting interim bail to the petitioner Naveen Kumar stands vacated. If he has been released on bail in view of interim order, then he is directed to surrender himself before the Court below and to seek regular bail, which will be decided as per law. However, nothing stated above, shall constitute my opinion on merits of the case.

July 25, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No