Mausam v. State Of Haryana

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-29325 of 2019 (O&M) Date of Decision: October 30, 2019.

Mausam ..........PETITIONER(s).

VERSUS

State of Haryana ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Ms. Sunita Gupta, Advocate for Mr. Mohammad Arshad, Advocate for the petitioner (s).

Ms. Dimple Jain, A.A.G. Haryana.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 289 dated 14.12.2018 registered for the offences punishable under Sections 392, 420 of Indian Penal Code and 25 of Arms Act, 1959, at Police Station Nagina, District Mewat-Nuh.

Heard.

As per case of the prosecution, complainant Bishnu Vardhan, who is resident of Telengana had a talk about purchase of Popland (a machine) advertised on OLX. When he contacted the seller on mobile, he quoted the price of about `18 lakhs and asked him to come and see the machine. Thereafter, he along with Gopal Krishna came to Delhi, where he contacted his friend Kechina Anjappa and reached Rajiv Chowk, Gurugram

-2as guided by the person, who contacted him on mobile. Thereafter, a Swift Dzire car bearing registration No.HR55X-8891 came and took them. The driver and other persons kept on wandering here and there and took them on a deserted road, where two other persons met the driver, who had a talk with him and also took seat in the car. On the way, they stopped the car, took out the complainant and Gopal Krishna, gave them beatings, snatched their mobiles and a bag having `1,50,000/- along with purse having ATM Card, PAN Card and other valuable documents. They also snatched bag of Gopal Krishna having `1,50,000/-. In the meanwhile, a Bolero vehicle came from the opposite side and these persons went away from the spot in their car. The people, who gathered at the spot guided them to Police Station Nagina, where the matter was reported.

Learned State counsel submits that petitioner was arrested on 17.02.2018. He was named in the FIR and Swift car has been recovered from him. Recovery of `1,80,000/- was also made from him by the police. His other three accomplices have not been arrested so far and the matter is still under investigation.

Learned counsel for the petitioner submits that after presentation of challan in this case on 27.01.2019, only one witness has been examined so far.

Petitioner is named in this case. The complainant and his accomplice are residents of Telengana and have no reason to falsely implicate him.

Keeping in view the above facts, I find no reason to extend the benefit of regular bail to the petitioner at this stage.

-3This petition has no merits. Dismissed.

However, learned trial Court is directed to expedite the trial and try to dispose of the same expeditiously, preferably within a period of 8 months.

( SURINDER GUPTA ) October 30, 2019 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No