CRM.M- 26617 of 2009 (O&M) 1 In the High Court for the States of Punjab and Haryana at Chandigarh. CRM.M- 26617 of 2009 (O&M) Decided on Nov 04,2009. Dr.Sumeet Sofat -- Petitioner vs. The State of Haryana --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Kanwaljit Singh,Sr.Advocate, with Mr.J.S.Dadwal,Advocate,for the petitioner Mr.Narender Sura,AAG,Haryana. Mr.Ankur Mittal,Advocate,for respondent No.2. Rakesh Kumar Jain, J: This is a petition under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), for anticipatory bail in case FIR No. 149 dated 19.7.2009 registered under Sections 307, 341, 182,120B IPC and 25/54/59 of Arms Act, at Police Station, Chandimandir, District Panchkula. Interestingly, the aforesaid FIR was registered by none- else than the petitioner which on translation by the learned counsel for the petitioner reads as under:- “Statement of Dr.Sumeet Sofat, s/o Dr.Jagdish Rai Sofat, r/o H. No. 358/1, Heera Singh Road, Ludhiana, CRM.M- 26617 of 2009 (O&M) 2 P.S.Division No.5, Ludhiana aged 39 years. Stated that I am a resident of above said address and run private hospital in Ludhiana under the name of Sofat Infertility Centre. In the year 2000 I had purchased a plot measuring 1200 square yards situated at Ferozepur road, Ludhiana from Ramesh Kumar Paasan by paying Rupees 8.00 lacs. Power of attorney of this plot was executed in the name of my wife Sumita Sofat and one registered Will was executed in my favour. The intention of the accused became dishonest with the increase in price of plot in the year 2004. and he cancelled power of attorney which was executed in my favour and GPA executed in favour of my wife through Sub Registrar. After that he tried to take a possession of my plot and kidnapped my gardener Mamtaz from my plot. He is missing since July,2005. The enquiry regarding this is pending in Ludhiana, Civil Cases concerning the plot are pending at Ludhiana in which Ramesh Kumar Pasaan had lost in case related to this property in the Sessions Court, lower Court and High Court. I had got two gunmen on the direction of the Hon'ble High Court as there was a threat to my life from them. Since the time these gunmen were taken back by Govt. few months ago. Since then Ramesh Pasaan had attacked on my life two times with the help of his two sons regarding which cases are pending. On dated 17.7.2009 at about 7.00 p.m., I alongwith my friend Dr. CRM.M- 26617 of 2009 (O&M) 3 Ravinder, whose father name is not known to me and with my driver Nelson visited to Chandigarh in my 'Safari' vehicle No. PB- 03S-364 in order to buy a car either Audi or B.M.W. We were having Rs.33.00 lacs with us. I had withdrawn this amount from IDBI, Ludhiana within 2-3 days. I did not get the car on that day at Chandigarh and we stayed for night at Kailash Palace in 22-C, Chandigarh. Yesterday on dated 18.7.2009 as it was a Saturday so we did not buy the car on saying of my family members. But had taken trial of both the cars. We stayed at night in the same hotel. Today at about 1.00 (am/pm) all three of us checked out of this hotel. As it was a Sunday, so both the showrooms were closed. Then we visited to my Bhuaa's residence at Mani Majra. There we took tea etc. at about 4.00 0' Clock we took our meals at Red Bishop Hotel and around 4.45. all three of us visited for 'Morni' As we had already booked a room in Govt. Hotel from Red Bishop. There I talked to Mukesh Gupta. At about, 5.15 when all three of us travelled in this car on Morni road for 10-12 km, then a Maroon coloured Scorpio having No.PB-10-B5-9841 overtake us and stopped our car in a side. Suddenly, six men came out from that car. When I came out of the car, Ramesh Passan caught me by collar. And snatched a bag from my hands having Rs. 33.00 lacks in it. And raised a lalkara and told to his son; Abhinav and Dainayak that” CRM.M- 26617 of 2009 (O&M) 4 Is Salley Doctor Ko Goli Mar Do. Bachne Nahin Chahiye'. In the meanwhile, Dr.Ravinder Bai who was sitting in my left side in the car, opened the window and ran towards mountains. I also released myself and ran towards mountains (hills) as they had attacked on me earlier also. My driver Nelson also ran behind us. I heard three fires as I looked backward. I found that there was a 'Revolver' in the hands of Abhinav. And my driver Nelson was on the ground. I ran again as I was afraid. At some distance when I looked backward, I found that Ramesh Pasaan, his sons Abhinav and Dinayak, Driver Ranjeet Singh and two other unidentified men whom I do not know bit can recognize on turned back in their car alongwith their weapons and my bag and money. I tried to dial 100 number but my mobile was out of coverage area when my mobile came under coverage area,I again dialed at 0172100 and they gave me a number -1722582100 of Panchkula Control Room. At this number, I informed them about the incident at about 5.50 PM. Police reached on the spot within 10 minutes. They took me wounded driver Nelson to PGI Chandigarh directly in my vehicle Safari as he was in serious condition. He was admitted there in emergency ward and got treatment. He is still unconscious. And my friend Dr. Ravinder Singh is along him. I recorded my statement with you at Chandigarh PGI Gate. The above CRM.M- 26617 of 2009 (O&M) 5 said accused had tried to kill us due to old earlier grudge and robbed Rs.33 lacs from my black coloured bag. The statement is recorded, heard and correct”. Surprisingly, the investigation turned the needle of suspicion towards the petitioner himself that he hatched a conspiracy in order to involve Ramesh Pashan named in the FIR with whom he had a civil dispute about a plot measuring 1200 square yards. Apprehending his arrest, before coming to this Court, the petitioner had applied for anticipatory bail which was dismissed by the learned Addl. Sessions Judge, Panchkula, vide her order dated 07.9.2009. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case which is registered at his instance and there has been series of cases filed by the petitioner against the persons named in the FIR which are placed on record vide Annexure P-1. It is further submitted that the petitioner is a well known doctor who has been falsely implicated at the instance of Ramesh Pasaan, Mr.Narender Sura, learned counsel for the State has brought to the notice of this Court that the suspicion against the petitioner is not ill founded because in the FIR, he has mentioned that:- “On dated 17.7.2009 at about 7.00 p.m., I alongwith my friend Dr. Ravinder, whose father name is not known to me and with my driver Nelson visited Chandigarh in my 'Safari' vehicle No. PB- 03S-364 in order to buy a car CRM.M- 26617 of 2009 (O&M) 6 either Audi or B.M.W.”. According to him, if driver Nelson was with the petitioner from 17.7.2009 to 19.7.2009, then how he was challaned at Ludhiana on 18.7.2009 for jumping red light. At this stage, learned counsel for the State, on receiving instructions from S.I.Om Parkash submits that the petitioner is in the habit of lodging false FIRs as one FIR bearing No. 365 of 2009 was registered by him under Sections 376,377,120-B,323,506,182, 211 IPC at Police Station, Kotwali, Dehradun in which the prosecutrix had levelled allegations against the petitioner that he is ,in fact, a rapist and he had raped her, therefore, he is being prosecuted as an accused in the said FIR with the aid of Section 182 IPC. After hearing the learned counsel for the parties and keeping in view the facts and circumstances of the case, I do not find it to be a fit case as there is no exceptional circumstances which entitles the petitioner the concession of anticipatory bail. Hence, the bail application is hereby dismissed. It is, however, made clear that nothing observed herein shall be construed as an expression of opinion on the merit of the case. Nov 04,2009 (Rakesh Kumar Jain) RR Judge