CRM-M-22725 of 2009 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-22725 of 2009 DATE OF DECISION: 31.8.2009 **** Harsh Mehta and others . . . . Petitioners VS. State of Haryana and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Sameer Sachdev, Advocate for the petitioners. **** RAKESH KUMAR JAIN J. This is a petition under Section 438 of Code of Criminal Procedure, 1973 (in short ‘Cr.P.C.’) seeking anticipatory bail in case FIR No.120 dated 18.4.2009 registered under Section 382 IPC at Police Station Murthal, Sonipat. The aforesaid FIR has been registered on the complaint of Jagbir son of Sultan Singh, in which he has stated that he is working as a Supervisor on a Dumper (Truck No. HR-46B-2805) since June, 2004 which is being driven by Binda Ram Meena and owned by Anil s/o Ram Kumar, who had purchased it by raising loan from ICICI Bank, Rohtak. On 21.3.2006, he was going to Yamuna Nagar in the said Dumper, being driven by Binda Ram Meena, while they were near Gulshan Dhaba, situated on G.T. Road, at about 10.00 PM, a driver of TATA Indica Car bearing No.HR-02M-4453 red colour, signaled the driver of Dumper to stop. The complainant on recognizing Pritam Singh, Recovery Officer of CRM-M-22725 of 2009 - 2 - ICICI Bank, sitting on the front seat of the Indica Car, asked the driver of the Dumper to stop the vehicle. As soon as the Dumper came to a halt, all the five persons boarded the cabin of Dumper. Pritam Singh and Harish Chhaba took out pistols from their pockets and the other persons started beating them It is also alleged that Rs.23,000/- was snatched from him. One of the three other persons occupied the driver seat and took them to Laxmi Rice Mill, Ambala City, where the Dumper was parked in the premises of the Rice Mill. From their talks, the complainant came to know that Harish Chhaba is the Collection Manager of the ICICI Bank, whereas three other muscle men were the hired gundas, who were given Rs.10,000/- for the job. They also told the complainant that Anil Kumar owner is not depositing the installments of the loan in time, therefore, they had taken this action. Before coming to this Court, the petitioners had applied for anticipatory bail before the Additional Sessions Judge, Sonipat, which was dismissed on 23.7.2009. Learned counsel for the petitioners has argued that the allegations of threatening with guns and snatching of money is against the Bank Official, namely, Pritam Singh and Harish Chhaba. It is further stated that no overt act has been attributed to the petitioners. I have heard learned counsel for the petitioners and have perused the record. The allegations against the petitioners are no less serious than the other two non-applicants because they drove the Dumper. The aforesaid crime has been collectively committed by all the five accused included the petitioners and two non-applicants. CRM-M-22725 of 2009 - 3 - Thus, I do not find it to be an extraordinary case for the purpose of grant of anticipatory bail and as such the same is hereby dismissed. (RAKESH KUMAR JAIN) AUGUST 31, 2009 JUDGE vivek