CRM-M-22686-2011 [ 1 ] ::::::: IN TH E HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22686-2011 Date of decision: 14.12.2011 Sharif ...Petitioner Versus State of Haryana ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Jagdish Manchanda, Advocate, for the petitioner. Mr. Sagar Deswal, AAG, Haryana. ***** Rakesh Kumar Jain, J. This is a petition for grant of regular bail in a pending trial case registered vide FIR No.80 dated 22.05.2010, under Sections 395 IPC and 25 of the Arms Act, 1959 at Police Station Bilaspur, District Gurgaon. The FIR is registered at the instance of Balbir Yadav who has alleged that he had loaded stones from Pattan Mountain Range in his HIWA dumper and left for Palli Crusher Zone at about 3.00 a.m. alongwith his companion (Helper). When he reached at NH-8 near Prince Hotel, Rathiwas turn, he was overtaken by one Bolero jeep. They both were forcibly pulled down from the dumper by 3-4 young boys and were blind folded. They were left at Bhiwadi-Alwar road after snatching `1,000/- and one mobile phone and the dumper was taken away by them. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case as 3 FIRs have been registered on the same day, one after the other. He further submitted that only `200/- have been recovered from the petitioner which cannot be connected with the alleged amount of `1,000/- snatched from the CRM-M-22686-2011 [ 2 ] ::::::: complainant and his companion. In reply, learned State Counsel has submitted that co-accused Javed was apprehended on 26.05.2010 at Police Station Mangoliawas (Rajasthan) alongwith HIWA dumper of the complainant. Co-accused Aalaw and Sharif (petitioner herein) were apprehended by the Rajasthan Police in case FIR No.239 dated 22.05.2010, registered under Sections 143, 132, 353, 307 IPC and 25 of the Arms Act, 1959 at Police Station Ramgarh wherein they had admitted about their involvement in the present occurrence as well. The petitioner and other co-accused have been joined in the present case after getting their production warrants. It is also submitted that although the challan has been presented but the case could not be committed as one of the co-accused, namely Sully is absconding from the custody. He also submitted that besides the present case, the petitioner is also involved in the following 3 cases: “1. FIR No.238 dated 22.05.2010, registered under Section 395 IPC at Police Station Tapukra, District Alwar. 2. FIR No.239 dated 22.05.2010, registered under Sections 143, 132, 353, 307 IPC and 3/25 of the Arms Act, 1959 at Police Station Ramgarh, District Alwar. 3. FIR No.146 dated 22.04.2010, registered under Sections 395, 323, 341 IPC at Police Station Dudhu, District Jaipur.” Keeping in view the facts and circumstances of the case coupled with the fact that the petitioner is a habitual offender, I do not find it to be a fit case for grant of bail. Hence, the present petition is hereby dismissed. December 14, 2011 (Rakesh Kumar Jain) vinod* Judge