IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-29370 of 2009 Date of decision : November 10, 2009 Lakhmi ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Rakesh Nehra, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Lakhmi has filed this petition for anticipatory bail in case FIR No. 505 dated 21.9.2009 under sections 407, 411 IPC, Police Station Sadar, Jhajjar, District Jhajjar. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, on 18.9.2009, truck No. HR-55J-3007 was loaded with 603 boxes of apples valuing Rs 9,20,000/-, weighing 16735 kgs of apples for transportation from Chandigarh to Banglore. However, on 20.9.2009 at about 7.00 AM, the petitioner telephonically informed the complainant (owner of the goods) that the truck loaded with apples had over-turned in a pond on Rewari-Jhajjar road near village Dadanpur and all boxes of apples had fallen in the pond. The complainant alongwith Rohit and Dalip went to the spot and found that empty truck was lying there. There was no sign of any apples there. Accordingly, it was suspected that the petitioner had sold away the apples on the way. Learned counsel for the petitioner vehemently contended that Criminal Misc. No. M-29370 of 2009 -2- the petitioner is not at fault because the truck loaded with the apples fell in the pond and the petitioner informed complainant and also lodged DDR, Annexure P/1. The aforesaid contention cannot be accepted at this stage. As mentioned in the FIR itself, there was no trace of apples at the spot. If truck loaded with 603 boxes of apples weighing 16735 kgs had over-turned in the pond, all the apples should have been found there. However, there was no trace of the apples. Learned State counsel, on instructions from ASI Jagdish Chander, stated that except some empty boxes floating in the pond, no apple was recovered from the spot. Learned counsel for the petitioner also contended that the truck over-turned at about 1.00 AM on night between 19/20.9.2009. However, the truck should not have been taken so much time in reaching the spot. The truck started from Chandigarh on 18.9.2009 and in ordinary course, the truck should have reached the spot in morning of 19.9.2009 and not after midnight between 19/20.9.2009. This would prima facie reveal that the petitioner used the extra time to sell the apples and then made out a case of over-turning of the truck in the pond with some empty boxes. Keeping in view all the circumstances but without commenting anything on merits, the petitioner does not deserve the concession of anticipatory bail. Dismissed. ( L.N. Mittal ) November 10, 2009 Judge 'dalbir'