Crl.M. No. M-6701 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1) Crl.M. No. M-6701 of 2009 Date of decision : 20.4.2009. ... Sukhdev Singh @ Baju ................ Petitioner vs. State of Punjab .................Respondent 2) Crl.M. No. M-7026 of 2009 ... Amandeep Sharma ................ Petitioner vs. State of Punjab .................Respondent 3) Crl.M. No. M-7386 of 2009 ... Bhupinder Singh @ Bunty ................ Petitioner vs. State of Punjab .................Respondent 4) Crl.M. No. M-6322 of 2009 ... Gurdhian Singh ................ Petitioner vs. State of Punjab .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. T.K. Joshi, Advocate Sh. Ashit Malik, Advocate, Ms. Puja Chopra, Advocate and Sh. Vishal Aggarwal, Advocate for the petitioners. Crl.M. No. M-6701 of 2009 -2- Sh. A.P.S. Mann, Senior Deputy Advocate General, Punjab ... K.C. Puri, J. Vide this order, I intend to dispose of Crl.M. Nos. M-6701 of 2009, M- 7026 of 2009, M- 7386 of 2009 and M-6322 of 2009, as all these petitions arise out of FIR No. 214 dated 9.10.2008, initially registered under Sections 392, 394, 323, 324 IPC and later on added Sections 397, 201, 120-B IPC, at Police Station Phillaur, District Jalandhar. The law was set in motion on recording the statement of Bhavesh Shah s/o Naveen Shah, r/o Maya Building 3rd Boewara, Gurlal Wara, P.S. V.P. Road, West Bombay, who has stated as under:- “It is stated that I am a resident of aforesaid address. I have been working as a salesman for 2 ½ years with Mahendera Brothers export Company Private Ltd. which deals in diamonds and other precious stones. I do the work of selling the goods of this company diamonds and gems to the jewelers of Delhi, Punjab, Amritsar etc. To day, the 9th October, 2008 at 11-30 a.m. I got down from Shatabadi express at Ludhiana Railway Station. I had brought different kinds of diamonds and gems belonging to the company for sale. After alighting at the Ludhiana Railway Station, I phoned to M. Jewellers owner Sh. Mohit Sharma. I used to come to him earlier Crl.M. No. M-6701 of 2009 -3- too along with goods. He sent his vehicle Toyota Innova to take me. I went to the shop of M. Jewellers Ludhiana in the said vehicle. Then I went to the shop of Ganpati Jewellers Ludhiana. I had shown the diamonds and gems to Mohit Sharma and did not show these to Ganpati Jewellers Ludhiana. I returned to the shop of M. Jewellers. At about 6.00 p.m. I phoned Thakar at his mobile phone, “I need a vehicle for going to Amritsar”. He said to me, “I am going to Delhi, I do not have a vehicle”. Then I came with Mohit Sharma owner of M. Jewellers and his security Guard commando to Arti Taxi stand Ludhiana in his vehicle Mohit Sharma and his security guard got arranged a vehicle at Rs.1200/- for my going to Amritsar from Arti Taxi Stand. This was a silver grey Indica with a dent at the front bonnet. There was a scratch on the bonnet. Driver beside the vehicle asked me where shall I go. I said to him, that I have to go to Amritsar. I sat on the back seat along with the bag of diamonds. I kept the bag containing clothes marked vertex on the font seat with the driver and we started for Amrtisar. Mohit Sharma and his gunman went back. The features of driver of the car was of about 25-30 years of age, of medium height thin face, with a thick trimmed beard, having hair cut at the head. The car driver had been talking at his mobile phone in Punjabi from Ludhiana itself and was saying he was Crl.M. No. M-6701 of 2009 -4- going on Amritsar road. Then near Sutlej river at the G.T. Road toll tax was paid. Then the car driver after crossing the phillaur bus stand had gone about 1 ½ K.M. ahead on the G.T. Road. It was about 7.00 P.M. Three youths were standing on the road side. On seeing them the driver slowed down the car and said to me that he has to urinate. I got afraid in my mind on seeking the suspicious youth standing by the side of the road and said to the driver to not stop the car. Despite my saying the car driver stopped the car 10-15 years away and he stood on one side after alighting from the car after and the aforesaid three youth entered the car after opening the windows and and they started abusing me. Out of them one of the youth threw a handful of chillies at my face which fell at my eyes and clothes worn by me. All the youths started beating me in the car itself and asked me to give them us whatever I have. I said to them”Do not beat me, take all whatever I have.” They dragged me out of car then one of youth gave me three blows on my left thigh with the knife in his hand and gave another blow of knife on the back of my right hand. The other youth gave danda blows on my head and neck and pushed me down in bushes on the one side of road. All of them sat in the car and fled towards Jalandhar alongwith the driver. In the bag lying in the car I had precious diamonds, three credit card SBI, Crl.M. No. M-6701 of 2009 -5- HDFC and Standard Chartered card and Rs.20,000 in cash and in the other bag I had my clothes etc. These youth were of about 22-25 years of age and of medium height. One of them was of Sardar type and the others wee clean shaven. Then I got up and walking on foot in the injured condition reached a Kabari shop on G.T. Road near a Dhaba. Where Darshan Singh and his another companion, on seeing my condition got me admitted to civil hospital Phillaur. About the weight of diamonds and their price, I will disclose later on. All my clothes were blood stained. The car driver and his three companions had in unison beat me and snatched my valuable goods, diamonds and cash. I can recognize them on coming before me. I am admitted in civil hospital for treatment. I have heard my statement which is accepted as correct. Legal action be taken.” During the investigation, it is revealed that Bhupinder Singh @ Bunty -applicant was the driver of the vehicle in which Bhavesh Shah -complainant travelled and he facilitated the robbery of huge amount of jewellery. Even on the insistence of complainant, he stopped the vehicle. A fake registration number was also recovered from him on his disclosure statement. So, he has intention to facilitate the robbery. So, in these circumstances, he is not entitled to the concession of bail. So far as, Gurdhian Singh-applicant is concerned, one pant and one shirt - allegedly of the complainant and one base ball bat was Crl.M. No. M-6701 of 2009 -6- recovered from him. From the accused-Sukhdev Singh @ Baju, mobile phone, base ball bat and one T-shirt - allegedly of the complainant, was recovered. Their confessional statement that they have participated in the occurrence can be appreciated during the course of trial. In the statement of the complainant, it is not mentioned that persons other than three accused, namely, Ashok Kumar, Suresh Kumar and Mohd. Meharban, have actually participated in the robbery. These two accused are in custody for the last so many months. Similarly, situated accused, Mohit Sharma has also been allowed the concession of bail. So, these two accused, namely, Gurdhian Singh and Sukhdev Singh @ Baju, are entitled to the concession of bail. So far as, accused-Amandeep Sharma is concerned, the allegation against him is that he arranged for the taxi. So, without commenting on the merits of his case, in my view, he is also entitled to the concession of bail. In view of the above discussion, bail application of Bhupinder Singh @ Bunty, stands dismissed. So far as, the applicants – Gurdhian Singh, Sukhdev Singh @ Baju and Amandeep Sharma, are concerned, their bail application stands allowed and they are ordered to be released on bail to the satisfaction of the trial Court. ( K.C. Puri ) 20.4.2009. Judge chugh