CRM No. M 9776 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 9776 of 2010 Date of decision: 20.04.2010 Pawan Kumar ........ Petitioner Versus State of Haryana .......Respondent (s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Abhishek Sethi, Advocate for the petitioner Mr. Pradeep Virk, DAG, Haryana for the respondent - State -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) As per the allegations in the FIR, petitioner - Pawan Kumar was the tenant of one Kundan Lal and was indulging in immoral traffic. Upon information, Head Constable - Bhupinder Singh posing as bogus customer went to the rented house of the petitioner and also handed over him some money. Thereafter, on a signal from the shadow witness, Inspector-Maya Ram entered the house. Where upon, the said Pawan Kumar is said to have succeeded in escaping under the darkness. Learned counsel for the petitioner states that the said person who escaped has not been identified till date. It is further stated that the CRM No. M 9776 of 2010 2 house does not belong to the petitioner. Besides, the statement of girl- Madhu who was also found in the same house, cannot be read in evidence against the present petitioner. It is further stated that it is not the case of the prosecution that they knew Pawan Kumar prior in time. The allegations are serious. The said house belongs to the petitioner as there is a specific stand of the prosecution that the petitioner was the tenant of the said house. Further, the statement of Girl-Madhu, who was present in the room has been recorded under Section 161 Cr.P.C. As per the statement, she was being used by the present petitioner to indulge in the said activities. Thus, the custodial interrogation of the petitioner is necessary to further ascertain his role as specified in the FIR. No ground for anticipatory bail is made out. Dismissed. (Nirmaljit Kaur) Judge 20.04.2010 mohan