Patel Dipan Kantilal v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH DATE OF DECISION:-08.05.2019 PATEL DIPAN KANTILAL ...PETITIONER...

V.

STATE OF PUNJAB ...RESPONDENT...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. Jaideep Verma, Advocate for the petitioner.

***** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 438 Cr.P.C. has been made for grant of anticipatory bail to the petitioner, in case, FIR No.59 dated 24.07.2018, under Sections 392, 384, 382, 473, 506, 148, 149, 120-B IPC, Sections 18/22/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Section 25 of the Arms Act, 1959 (Sections 212, 216, 467, 468, 471, 420 IP and 54, 59 Arms Act, 1959 added later on), Police Station Sadar Rajpura, Patiala. According to the prosecution, on 24.07.2018, Sub Inspector Balwinder Singh, CIA-2, Patiala, received secret information that 1213 co-accused of the petitioner had formed a gang and use to commit robbery of vehicles on highways and link roads at gun point. They also use to commit dacoities and fix forged number plates on the robbed

--2-- vehicles to use the same in dacoities. They also demand ransom from the wealthy people by extending threats to them on phone. Some arm dealers were also associated with them. They supply heroin in large scale in different cities of Punjab and have links with people of border area and outside the border area. The said gang had made secret hideouts in the States of Punjab, Haryana, Uttrakhand and Delhi. They have also committed murder of one Gagi in the area of Rampura Phool, Bathinda. If immediate raid is carried out, the aforesaid persons can be apprehended with ransom money, robbed vehicles, arms, heroin and intoxicant substance. Thereafter, on 28.07.

2018, investigating officer again received secret information that co-accused, namely, Aman Kumar alias Amna, Rajat Kumar alias Safi, Sukha alias Vicky, Yadwinder Singh, Karan Mangla alias Karan and Sumit Bajaj alias Laddi, having illegal arms and ammunition and intoxicant substance in huge quantity were making preparations to commit some crime and were travelling in Scorpio vehicle with forged No. PB-11-CD-1125 in the area of Ambala. On receipt of above secret information, he laid barrier and apprehended aforesaid co-accused. From Aman alias Amna one illicit pistol 30 bore along with four live cartridges and one revolver 32 bore along with six live cartridges and ten live cartridges were recovered. From further search of Aman alias Amna 500 gram intoxicant powder was also recovered.

From accused Rajat Kumar one pistol 32 bore along with five live cartridges was recovered. From Karan Mangla one .

--3-- was recovered. From Yadwinder Singh one 32 bore pistol along with five live cartridges, from Sumit Bajaj one pistol 32 bore along with four live cartridges and from Sukha 32 bore pistol along with four live cartridges were recovered.

On similar secret information received on 29.07.2018 by the investigating officer that accused Arshdeep Singh alias Bittu, Varinderpal Singh alias Beena, Palwinder Singh alias Likhari, Alam Bhathal alias Kranti and Lakhwinder Singh, armed with illicit arms, were coming to Punjab from the side of Ghula Cheeka in white Scorpio bearing registration No. CH-01-BK-9384, barrier was laid and aforesaid persons were apprehended. Different types of illicit weapons were recovered from their vehicle. From accused Lakhwinder Singh one 32 bore pistol along with six live cartridges was recovered, which was taken into police possession. During interrogation, petitioner Lakhwinder Singh disclosed that the revolver recovered from him was given to him by Sumit Bajaj alias Landi and he was coming to Punjab to commit crime in conspiracy with his co-accused.

From the possession of petitioner, a .22 revolver and 7 live cartridges were recovered. Thereafter, during investigation, co-accused Devinder Singh was interrogated, who disclosed the manner, in which, the passports were got issued by him on the basis of wrong particulars. Heard.

Considering the seriousness of allegations against the petitioner that he is indulged in procuring/preparing forged passports

--4-- and illicit trade of human trafficking etc., he does not deserve the concession of anticipatory bail.

Dismissed.

08.05.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No