CRM No.M-4730 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM No.M-4730 of 2011 Date of decision : 8.7.2011 Pawan Punia .........Petitioner Vs. State of Haryana .......Respondent CORAM : HON'BLE MR. JUSTICE M.M.S.BEDI : Present : Mr.Babbar Bhan, Advocate, for the petitioner Ms.Sushma Chopra, Addl.AG, Haryana --- M.M.S.Bedi, J. (Oral) The petitioner is alleged to have dealt with the truck which was obtained by his co-accused in dacoity and had got the same sold to one Asim Khan. Learned State counsel has contended that there are allegations against the petitioner that he had entered into a conspiracy with the main accused for committing dacoity with a promise that he would get the property obtained in dacoity sold. The said conspiracy was allegedly hatched in while he was at Jaipur. Reliance has been placed by the State on certain conversations between the petitioner and the main accused. Whether the said evidence would fall within the ambit of Section 10 of the Evidence Act will be debatable during trial. There are no allegations against the petitioner of having directly committing the dacoity, he having been in custody since March 2010. I have also taken into consideration the fact that the petitioner is in custody being a convict in a case under Section 302 IPC, it will be debatable CRM No.M-4730 of 2011 -2- during trial whether he being not present on or near the spot could be said to have conspired with the person who have committed dacoity, the petitioner be released on bail on his furnishing bail/surety bond to the satisfaction of trial Court. (M.M.S.BEDI) JUDGE 8.7.2011 akm