In the Punjab and Haryana High Court, at Chandigarh. CRM-M-7546 of 2011 Decided on July 11,2011 Azad @ Kala --Petitioner vs. State of Haryana --Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr. Atul Yadav,Advocate, for the petitioner Mr. Sagar Deswal,AAG, Haryana. Rakesh Kumar Jain,J:(Oral) This is a petition for regular bail pending trial in a case registered vide FIR No. 365 dated 09.12.2009 under Sections, 302,307,353, 34 of IPC, at Police Station, Sector 10,Gurgaon. The FIR was registered on the statement of Satpal son of Bahadur Singh, presently posted as E.H.C.No.1049, PCR Incharge No.34, Sector 10-A, Gurgaon, who has stated that on 8.12.2009, he alongwith Babu Ram (since deceased) Driver No.1475 of PCR No.34 and Gunman Constable Bir Singh No.3177 joined the duty at 8.00.p.m till morning of 8.a.m. of 9.12.2009. While they were on patrolling duty in the Govt. vehicle and had reached at Khandsa Road, a vehicle make “Bolero” came and on seeing our vehicle, it immediately turned back on a high speed. On suspicion, they informed the Control Room, Gurgaon and soon thereafter a VT message was received from the Control Room that an employee of PCR 26 Civil Lines, Police Station, Gurgaon near Rajiv Chowk had said that a “Bolero” has sped away after hitting and when they were going towards Sunrise Hospital, Sector 10, Khandsa Road, a car make “Indica” No. DL-1-YA 7559 came from the side of the town and was stopped. In the meantime, the aforesaid “Bolero” came from Gurgaon CRM-M-7546 of 2011 -2- side and EHC Babu Ram signalled it to stop, but its driver raised the speed, hitting both the vehicles and also hit Babu Ram with the intention to kill him. Babu Ram was hit directly and dragged to some distance. The said “Bolero” was bearing registration No. HR-26-AM5646 and rammed into the wooden kiosk at some distance. Besides the driver, 2/3 more persons were sitting in the said “Bolero”. They ran away from the spot after leaving the vehicle. The said Babu Ram succumbed to his injuries in the said incident. Learned counsel for the petitioner states that the petitioner has been falsely implicated in this case as the vehicle in question was not involved in the incident. He further states that the petitioner is in custody since 26.1.2010. Investigation is complete and no recovery is to be effected from the petitioner. On the contrary, learned counsel for the respondent submitted that a police officer on duty has been killed. The said “Bolero” was a stolen vehicle from Rajasthan though it had Haryana number. He further states that out of 26 witnesses of the prosecution, only two remain to be examined and the case is now fixed before the trial Court for prosecution evidence on 29.7.2011. Keeping in view the facts and circumstances of the case and specially the fact that next date before the Court below is 29.7.2011, in which only two witnesses of the prosecution remain to be examined, I do not find any merit in this petition at this stage and hence the same is hereby dismissed. July 11,2011 (Rakesh Kumar Jain) RR Judge