IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-28902 of 2010 Date of decision: 01.3.2011 Aas Mohammad @ Ashu …. Petitioner Versus State of Haryana …. Respondent Present: Mr. HR Nohria, Advocate for the petitioner. Mr. G.S. Sandhu, AAG, Haryana. *** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him on 10.2.2009 under Sections 379, 395, 397 and 412 IPC at Police Station Kundli, District Sonipat. The FIR (Annexure P1) in the case has been registered on the statement of Sadik Ali. It is stated by him that he is a truck driver and he drives truck bearing registration No.HR-38F-7296, Leyland 2214. The registration certificate of the truck is in the name of Arun Ahuja. On the night intervening 8/9.2.2009 at about 8.00 p.m., he took the truck from Dadri Container Depot after loading the consignment (freight car) from Samtal Colour Limited. The consignment was to be taken up to Parwanoo in the State of Himachal Pradesh. At about 12 (mid night), he reached Kundli Border. He parked his truck in front of a CRM No. M-28902 of 2010 [2] bus shelter and went to have his meal at a nearby Hotel. When he returned after his meal at about 12.30 a.m., he found his truck missing. The registration copy of the truck, the driving licence, permit, mobile phone make Nokia and consignment goods receipt; besides, other documents were lying in the truck. Some unknown persons had taken the truck. The complainant had been searching at his own level till 10.2.2009, but he could not find the truck. Therefore, he came to the Police Station for lodging the report. It was requested for taking action. After making the said statement, the complainant made a supplementary statement (Annexure P2) in which he stated that when he made his earlier statement he was not in his senses. In the supplementary statement it is stated that at about 12 mid night when he (complainant) had stopped in front of a bus-shelter, then from his rear side one ‘Qualis’ vehicle which came and stopped in front of the truck of the complainant. The occupants of the car got down and they took `2000/- from his pocket as also his driving licence by pointing a knife at him. Then they put him in the ‘Qualis’ vehicle and left him in the fields near Anup Shahar in the dark. It is stated that at that time he was not in his senses and was under tension and therefore, he could not narrate the entire occurrence. There was nothing false in what he had stated and this is what he had also informed his owner. Sadik Ali, complainant during trial appeared as PW6 and his statement (Annexure P4) is on record. In his statement (Annexure P4), he has inter alia stated that the accused present in the Court on the day of his deposition i.e. CRM No. M-28902 of 2010 [3] 19.8.2010 were not the persons who had robbed him and snatched his truck. It is stated that since it was dark on that night so he could not identify those persons. The effect of the said statement is to be considered and gone into by the learned trial Court after evidence has been led. However, it may be noticed that Sadik Ali, complainant has not supported the prosecution case in its entirety. The petitioner was arrested on 7.6.2009 and since then he is in custody. The material witnesses in the case have been examined. The trial in the case is likely to take more time. However, the incarceration of the petitioner is unnecessary. In the facts and circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Sonipat shall be admitted to bail. (S.S. SARON) March 01, 2011 JUDGE amit