IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-31875 of 2011 Date of decision: 28.11.2011 Ravi ......Petitioner Versus State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Rajmohan Singh, Advocate for the petitioner. Mr. Sidharth Sarup, DAG, Haryana for respondent-State. Gurdev Singh, J. This petition under Section 439 of the Code of Criminal Procedure has been filed by Ravi-petitioner/accused for the grant of regular bail for the offences under Sections 395, 397 IPC and 25 of Arms Act, 1959 in respect of which FIR No. 36 dated 24.01.2011 was registered in Police Station Sadar Palwal, District Palwal. It was on the statement of Satish that the present FIR was registered. He narrated therein that on 24.01.2011, he was seen counting the currency notes by his servant-Gopal and that on the same day, he started his journey on motor car No. HR-50A 7080 with his wife and was having `10,25,000/- in cash with him in a bag. On stopping the car, he went to Delhi Public School in order to collect his children and in his absence two persons came on motor cycle and at the point of weapon took away the said CRM No. M-31875 of 2011 money. In that statement he also narrated that he had the suspicion that this offence has been committed by his servant- Gopal. In the course of investigation, statement of the wife of the complainant was recorded and she came out with the version that accused were five in number. According to the learned State Counsel, Ravinder and Badan were arrested in another criminal case in which they disclosed that the present crime was committed by them along with the present petitioner and other accused. In the course of investigation, petitioner was arrested and in pursuance of his disclosure statement `50,000/- in cash were recovered. According to the learned State Counsel the motor cycle used in the commission of the present crime has also been got recovered from the present petitioner. The best for the investigating agency was to hold the test identification parade for getting the petitioner identified from the eye witnesses but no such test identification parade was got conducted. The prosecution has relied upon the disclosure statement of the accused including the present petitioner and the recoveries which have been effected from them. The petitioner is coming in judicial custody since 24.03.2011. The conclusion of trial will take long time. In these circumstances, without expressing any opinion on the merits of the case, this petition is accepted. The petitioner-Ravi is ordered to be released on bail to the satisfaction of Chief Judicial Magistrate, Palwal subject to the following conditions: (i) He shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as 2 CRM No. M-31875 of 2011 to dissuade him from disclosing the same to the Investigating Officer/Court; and (ii) He shall not leave the limits of this country without prior permission of the Court. 28.11.2011 (GURDEV SINGH) Sham JUDGE 3