IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-31258 of 2010 (O&M) Date of decision: 15.2.2011 Ashma …. Petitioner Versus State of Punjab …. Respondent Present: Mr. R.K. Gupta, Advocate for the petitioner. Mr. T.S. Salana, DAG, Punjab. *** S.S. SARON, J. CRM No. 2967 of 2011 The Crl. Misc. application is allowed as prayed for. CRM No. M-31258 of 2010 The petitioner Ashma seeks regular bail in a case registered against her for the offences under Sections 382, 420, 467, 468, 471, 473 and 34 IPC; besides, Section 25 of the Arms Act at Police Station Sohana, District SAS Nagar, Mohali. The FIR in the case has been registered on the complaint of Rajinder Kumar. It is alleged by the complainant that he is working as a driver with Maninder Singh son of Dilbag Singh, resident of village Sahi, Police Station Dharampur, District Solan on a ‘Spark’ car which is plied as a taxi. On 15.7.2010 a call was received from Hotel Ashish by his employer Maninder Singh asking him to take CRM No. M-31258 of 2010 [2] two boys and two girls to Chandigarh staying in his Hotel. On this call, Maninder Singh asked the complainant to take the taxi to Ashish Hotel. The complainant reached Ashish Hotel from where he took two boys and two girls on 16.7.2010 at about 12.30 a.m. and proceeded towards Chandigarh. At about 1.30 a.m. the complainant reached Chandigarh. The occupants of the car stated that from the crossing of Sector-34, they were to go two crossings ahead and turn left towards Mohali. When the complainant reached Phase-III-A, Mohali near the petrol pump then the occupants of the car put a veil (chunni) around his neck and dragged him to the back seat. The complainant was put at the foot rest and by showing deadly weapons the car occupants stated that in case he spoke, he would be shot. The complainant on account of fear did not raise any noise. The person sitting on the front seat sat on the driver’s seat and started driving the car through Mohali and they reached Jagatpura Railway crossing and proceeded towards the link road. There the occupants, after stopping the car, made the complainant to get down from the car and snatched his purse containing `3000/- along with his driving licence and mobile phone. Thereafter, the occupants fled from the car. The description of the boy driving the car was given; besides, description of the second boy was also given. The boys were accompanied by two girls, one was 18 years and the other was 20 years old. The complainant could identify the boys and the girls. According to the learned counsel for the petitioner, the petitioner Ashma is a servant and working at CRM No. M-31258 of 2010 [3] the house of Sunita @ Ritu on a monthly salary of `1500/- per month. It is submitted that the petitioner herself is a victim and she was abducted by the other accused after being ill-treated. According to the learned State counsel, the petitioner along with others had snatched the car from the complainant by showing him deadly weapons. After giving my thoughtful consideration to the matter, it may be noticed that the prosecution is to establish and prove its case by leading evidence. The petitioner is in custody since 27.7.2010. The challan in the case has been filed. The trial in the case is likely to take time. The prosecution has cited 18 witnesses. The case before the learned trial Court is fixed for 17.2.2011 for framing charges. The petitioner is a lady and is said to be a servant of Sunita @ Ritu who is also an accused in the case. The petitioner is an un-married girl. The car that is said to have been snatched and other articles are to be recovered from the co-accused of the petitioner. The custody of the petitioner is not required for the purposes of investigation. In the facts and circumstances, the Crl. Misc. petition is allowed and the petitioner on her furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Mohali shall be admitted to bail. (S.S. SARON) February 15, 2011 JUDGE amit