Crl. Misc. No. M-34048 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-34048 of 2010 Date of Decision: November 26, 2010 Prince Makkar ........Petitioner Versus State of Punjab ........Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present : Mr. R.K. Girdhar, Advocate, for the petitioner. Mr. Amandeep Singh Rai, AAG, Punjab. SABINA, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.97 dated 10.7.2010, under Sections 457/380 of Indian Penal Code, registered at Police Station Fazilka, District Ferozepur. The contents of the FIR as reproduced in para 1 of the petition read as under :- “Statement of Naresh Kumar Sapra son of Shri Mohan Lal Sapra, Caste Arora Khatri, resident of House No.15, M.C. Colony, Fazilka, P.S. City, Fazilka, aged about 46 years. Stated that I am resident of the abovementioned address and I am Proprietor/Partner of M/s Sudama Cotton Ginning and Pressing Factory. The above said Factory is situated behind Crl. Misc. No. M-34048 of 2010 2 City Garden Palace on Factory Road, Abohar-Fazilka G.T. Road. We have stored Gowara, Cotton Seed, Cotton Cake and Cotton Oil etc. in the godowns situated in the factory premises. We used to store abovesaid material Gowara etc. for the purpose of sale purchase. I used to come to my factory at 9.00 am and used to leave for home at about 9/10 p.m. The labour working in the factory is residing the quarters situated in the factory premises. We have employed Jagmohan Ram as Chowkidar to take case of the factory. As usual on 5.7.2010, I got free from the factory and went home at about 9.00 p.m. After I left the Factory, the Chowkidar locked the gate of the Factory from inside. On the next day, 6.7.2010 at about 6.00 a.m., Chowkidar Jagmohan Ram informed me on my mobile phone that yesterday night some unidentified persons have demolished the outer wall of the factory and have taken away the bags of Gowara by committing theft. Immediately, I alongwith my brother Ashwani Kumar reached the factory and found that the outer wall of the Factory has been demolished and some Gowara is lying scattered on the ground and the bags of Gowara are missing. I again checked the stock and found that 182 bags of Gowara are missing. Then I made inquiry at my own and today I have come to know that Manu Pahwa @ Rinku, Sunny Pahwa sons of Tilak Raj, residents of Dhobi Ghat, Fazilka, Kaka Singh @ Kali, resident of Awa Colony, Fazilka, Sham Lal @ Haddi son of Ujaggar Singh, resident of Dhobi Ghat, Fazilka and Prince Makker son of Vijay Makkar, Crl. Misc. No. M-34048 of 2010 3 resident of Dhobi Ghat Fazilka and 3-4 other unidentified persons, in connivance with each others, have demolished the outer wall of the factory during the intervening night of 5/6.7.10 and by entering the Factory premises, have taken away 182 bags of Gowara. The each bag was weighing 60 kgs. The total value of the missing Gowara comes to rupees two lacs 75 thousand. So, action be taken against the abovesaid persons. The statement is made, heard and the same is correct. Sd/- Naresh Kumar Sapra.” Learned counsel for the petitioner has submitted that the petitioner has been involved in this case merely on the basis of suspicion. Learned State counsel, on the other hand, has opposed the petition and has submitted that recovery of the bags has not been effected in this case. Petitioner is required for custodial interrogation. After hearing the learned counsel for the parties, I am of the opinion that no ground for grant of anticipatory bail to the petitioner is made out. The allegations levelled against the petitioner are serious in nature. Petitioner is required for custodial interrogation. The recovery of bags of millet plants is yet to be effected. Dismissed. (SABINA) November 26, 2010 JUDGE Anand