CRM No. M-32040 of 2010 1 In the High Court of Punjab and Haryana at Chandigarh. CRM No. M-32040 of 2010 Decided on:- 22.12.2010 Surender @ Sonu ……Petitioner Versus State of Haryana …….Respondent Present Mr.Surajmal Kundu , Advocate the petitioner. Mr. K.C.Gupta, Sr. DAG, Haryana. S.S.SARON Heard counsel for the parties. The petitioner prays for regular bail in a case registered against him on 30.4.2009 at Police Station Murthal, District Sonepat for the offences punishable under Sections 392, 397, 412,420, 467, 468 and 471 of the Indian Penal Code. The FIR in the case has been registered on the complaint of Jagroop Singh, who was driver of Tavera vehicle which was owned by his uncle Gurdev Singh. On 29.4.2010 the complainant with the Tavera vehicle started alone from Mohali for going to Delhi Airport at about 9 pm. At about 1 am the complainant stopped at Mangala Dhabha for having tea and he started for Delhi at about 1:30 am. When the complainant took his vehicle on the GT road little ahead of Mangla Dhaba, several vehicles were coming from the side of Panipat due to which he stopped the vehicle. In the meantime, two young boys who were already standing on cut of the road came there. Suddenly one of them kept a pistol near his ear and asked him not to drive the vehicle and his other companion CRM No. M-32040 of 2010 2 opened the back door of the vehicle and both of them got in and sat on the seat behind him. In the meantime another third boy also entered in the vehicle by opening the left door of the vehicle and all of them were having pistols. They asked the complainant to reverse the vehicle and take it towards Panipat. After driving about 3/4 kms, the boys who had pistols put them on the neck of the complainant and asked him to stop the vehicle. They took the complainant on the left side of the road at an abandoned place and after threatening him took off his uniform. They asked him to move ahead and not to look back otherwise they would shoot him. The accused thereafter fled away towards Panipat alongwith his Tavera vehicle and the papers which were in the vehicle. They also took Rs.500/- cash, Driving Licence, besides mobile phone of the complainant. The complainant then went to the Dhaba and rang up his uncle Gurdev Singh informing him about the incident. After his uncle came from Mohali, he accompanied him for lodging the FIR. On the basis of the allegations, the case for the commission of offence punishable under Sections 392 and 397 IPC was registered against the accused. Charges were framed in the case for the offences punishable under Sections 392, 397, 412, 420, 467, 468 and 471 IPC. The petitioner has been in custody for the last more than one year. However, the complainant Jagroop Singh, who is the main witness in the case is not appearing for giving his evidence. A perusal of the order dated 5.10.2010, passed by learned Additional Sessions Judge, Sonepat shows that nine witnesses have been examined and two witnesses have been given up. Several other witnesses including the complainant Jagroop Singh are yet to be examined. According to the learned counsel CRM No. M-32040 of 2010 3 for the petitioner, Jagroop Singh is intentionally not appearing before the learned trial Court. The case was fixed for trial before the learned trial Court on 9.10.2010 and it was adjourned to 3.11.2010 and then to 27.11.2010. It was then adjourned to 18.12.2010 . On the said dates Jagroop Singh has not appeared. Therefore, in the facts and circumstances, the petitioner on his furnishing personal bonds and two sureties to the satisfaction of learned Chief Judicial Magistrate, Sonepat shall be admitted to bail. CRM stands disposed of. 22.12.2010 ( S.S.SARON) mamta JUDGE