IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-31624 of 2011 Date of decision : December 21, 2011 Sandeep Kumar @ Bittu ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Jasbir Singh Mor, Advocate, for the petitioner Mr. Tarun Aggarwal, Sr. DAG Haryana L.N. Mittal, J. (Oral) Accused Sandeep Kumar @ Bittu has filed this petition for bail in case FIR No. 277dated 3.8.2011 under sections 398, 401 IPC and section 25 of Arms Act, Police Station Indri, District Karnal. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, secret information was received that the petitioner and his co-accused Sher Singh having pistol and iron rod were present ahead of canal bridge for robbing passers-by. Raid was accordingly conducted and petitioner was apprehended with a pistol loaded with a live cartridge whereas petitioner's co-accused Sher Singh having iron rod fled away. Criminal Misc. No. M-31624 of 2011 -2- Counsel for the petitioner contended that in fact the petitioner had been picked up on 29.7.2011 by the police on suspicion of theft and after illegally detaining him he was implicated in this false case on 3.8.2011. In this regard counsel for the petitioner contended that the petitioner's mother who is widow made application dated 1.8.2011, Annexure P/1 to Deputy Commissioner mentioning aforesaid facts and also sent telegrams vide postal receipts Annexures P/2 to P/5 to Superintendent of Police, Deputy Commissioner, Inspector General of Police and Director General of Police on 1.8.2011 i.e. two days before the instant case. The petitioner is admittedly in custody since 3.8.2011 i.e. for more than 4½ months. Learned State counsel contended that the petitioner was apprehended at the spot on 3.8.2011 along with a loaded pistol. Keeping in view all the circumstances including intimations sent by petitioner's mother on 1.8.2011 i.e. two days before the registration of the instant case and alleged apprehension of the petitioner at the spot, but without meaning to express any opinion on the merits of the case, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Karnal. ( L.N. Mittal ) December 21, 2011 Judge 'dalbir'