IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-18104 of 2009 Date of decision : August 18, 2009 Pran Nath ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Johan Kumar, Advocate for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Pran Nath has filed this petition for bail in case FIR No. 440 dated 11.9.2008 under section 392 IPC and under section 25 of Arms Act, Police Station Civil Lines, Karnal, District Karnal. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, petitioner's three co- accused Rahul, Manpreet and Rajinder alias Kali robbed complainant of Rs 2 lacs at pistol point while the complainant was going on his scooter. Allegation against the petitioner is that he had given information to the other three co-accused that the complainant carries cash amount with him. This allegation is based on statements allegedly made by the petitioner and the three co-accused before the police in custody. A sum of Rs 5000/- is Criminal Misc. No. M-18104 of 2009 -2- said to have been recovered from the petitioner who was allegedly paid Rs 12,000/- out of the booty amount in lieu of the information given by him. Learned counsel for the petitioner contended that the petitioner is in custody since 17.2.2009 i.e. for the last six months. There is no other case against the petitioner. It is also contended that statements of the petitioner and co-accused made to the police while in custody would not be admissible regarding involvement of the petitioner. It is also contended that even according to the FIR only three persons were involved in the robbery and they are the three co-accused of the petitioner and admittedly the petitioner himself was not involved in the actual commission of robbery. Keeping in view all the circumstances but without meaning to express any opinion on the merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Karnal. ( L.N. Mittal ) August 18, 2009 Judge 'dalbir'