Mandeep v. State Of Haryana

CRM-M No. 44453 of 2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No. 44453 of 2017 (O&M) Date of decision : 30.1.2018 ...

Mandeep ................Petitioner vs.

State of Haryana .................Respondent Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr.Lalit Garg, Advocate for the petitioner Mr. Neeraj Poswal, Assistant Advocate General, Haryana.

...

H. S. Madaan, J.

This petition for regular bail has been filed by petitioner Mandeep, an accused in FIR No. 525 dated 3.7.2017 for offence under Section 395 IPC, registered at Police Station, Sector 10, District Gurugram.

Briefly stated, facts of the case as per prosecution story are that on 3.7.2017 at about 1.30 A.M., while complainant Satendra s/o Balwant Singh r/o 887/29 Laxman Vihar, Phase I, Gurugram, was

CRM-M No. 44453 of 2017 -2returning home after attending a wedding in his car HR 26CY 8837 and had stopped the car in front of ILD building, then a person snatched keys of the car from him, pushing him outside the car. Documents of the car and mobile phone of the complainant were also there. After registration of the FIR, the matter was investigated. The accused-petitioner was intercepted on the next date while travelling in the looted vehicle, after a hot pursuit by the police party. Three other persons were travelling in that car who have since been declared to be juvenile.

The accused had moved an application for regular bail which was dismissed by Additional Sessions Judge, Gurugram, vide order dated 25.10.2017, as such he has approached this Court for grant of similar relief. The request is being opposed by the State counsel.

I have heard learned counsel for the petitioner, learned State counsel, besides going through the record. It was the accused from whose possession the car belonging to the complainant, which had been snatched was recovered. The allegations against him are quite grave and serious. As per the custody certificate, he is involved in another criminal case bearing FIR No. 245 of 2016 under Section 392 IPC, Police Station Kherki Daula, Gurugram. That means he has got a criminal past. The apprehension expressed by the State counsel that if he is released on bail, there is every possibility of his absconding and tampering with the prosecution evidence, needs to be kept in mind. The trial against the petitioner is going on, which is expected to be concluded in the

CRM-M No. 44453 of 2017 -3near future. His guilt shall be determined during the trial. No ground for grant of regular bail is made out. His request in that regard is declined and the petition is dismissed.

( H.S. Madaan ) Judge 30.1.2018 chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No