Crl. Misc No. M-8157 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-8157 of 2009 Date of decision : 26.03.2009 Churari ....Petitioner V/s State of Haryana ....Respondent. BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Atul Kaushik, Advocate for the petitioner. RAJAN GUPTA J. (ORAL) This is a petition for grant of regular bail to the petitioner in case FIR No. 189 dated 27.04.2008 registered under Sections 395, 397 IPC at police station Sadar, Palwal District Faridabad. Counsel for the petitioner, contends that the petitioner is in custody since 12.09.2008 and trial will take long time to conclude, thus no useful purpose would be served by keeping the petitioner in custody during the pendency of trial. According to the counsel,. no incriminating articles had been recovered from the petitioner which would point to his guilt, he has not even named in the FIR and has arrested on the disclosure statement of a co-accused. Counsel, thus, prays for grant of regular bail to the petitioner. The allegations in the FIR is that complainant Davinder Singh was woken up by 3/4 persons at 10.00 p.m. in the night on 26.04.2008. These persons were carrying country made pistols and sticks. They threatened the complainant not to make noise, otherwise, he would be done Crl. Misc No. M-8157 of 2009 2 to death. The hands of the complainant were tied and he was thrown in 7/8 feet deep pit. The accused persons, thereafter, took away the trolla carrying 90 bags of cement. Before leaving they also took away mobile phone of the complainant, after breaking its sim-card. Keeping in view the gravity of allegations against the petitioner, I am of the considered view that petitioner is not entitled to be released on bail pending trial. Admittedly, petitioner is lodged in the District Jail, Alwar (Rajasthan) in connection with some other case. It appears that petitioner has a criminal background. The possibility of his absconding from justice or even threatening the prosecution witnesses if enlarged on bail, cannot be ruled out. Under these circumstances, this petition for grant of regular bail is hereby dismissed. 26.03.2009 (RAJAN GUPTA) Ajay JUDGE