Crl.M.No.6959-M of 2008 -1 - IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl.M.No.6959-M of 2008 Date of Decision : 8.7.2008. Javed ..Petitioner Vs. The State of Haryana ..Respondent CORAM : HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.R.S.Rai, Sr.Advocate with Mr.Anurag Arora, Advocate for the petitioner. Ms.Neena Madan, Addl.AG Haryana. RAKESH KUMAR JAIN, J. This petition has been filed under Section 439 Cr.P.C. seeking regular bail in a case registered vide FIR No.143 dated 2.10.2007 under Section 395 IPC at P.S.Nagina, District Mewat. The allegations against the petitioner are that on 1.10.2007 at about 9.30/10 P.M. he along with some 4-5 unknown persons had illegally/forcibly taken away truck bearing registration No.HR-46-A-8914 while in motion after stopping Tata-407 vehicle in front of the same. They also removed Rs.15,000/- and a licence from the pocket of Shokeen, complainant/driver of the truck and had taken away driver and conductor after tying a strip of cloth on their eyes as well as on their hands and legs. When on 2.10.2007, the petitioner along with complainant Jakir was taking truck to UP for sale he was apprehended on the way as a result of which another case was registered against them under Section 412 IPC vide FIR No.243 at Police Station Hodal at the instance of ASI Liaqat Ali. Crl.M.No.6959-M of 2008 -2 - Counsel for the petitioner has vehemently argued that except for the disclosure statement of the accused, there is nothing to connect the petitioner with the crime under Section 395 IPC. On the contrary, counsel for the State has submitted that truck has been recovered from the petitioner himself. It is further submitted that except for the petitioner, no one else has been arrested so far and the offence that has been committed by the petitioner is serious in nature as he along with co accused have waylaid the truck driver & conductor. In view of the above, without expressing any opinion on the merits of the case, I do not find that it is a fit case in which the petitioner deserves to be released on bail. Therefore, the petition is hereby dismissed. (Rakesh Kumar Jain) 8.7.2008. Judge Meenu