Criminal Misc. No. 13485 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-13485 of 2009 (O&M) Date of decision: 17.9.2009 Kuldeep alias Kalu .. Petitioner v. State of Haryana and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. B. S. Chahar, Advocate for the petitioner. Ms. Ritu Punj, Deputy Advocate General, Haryana. Rajesh Bindal J. Prayer in the present petition is for grant of regular bail to the petitioner, who is accused in FIR No. 208 dated 15.4.2009, registered under Sections 148, 149, 332, 535, 427, 435 and 436 IPC and 3/14/09 of Prevention of Damage to Public Property Act, 1984, at Police Station Civil Lines, Hisar. The FIR in question was registered on the statement of Dr. Rajiv Aggarwal with the allegations that he is running a hospital in the name of Surya near Dabra Chowk, Hisar, being an Orthopedic Surgeon. One Krishan Kumar was admitted in the hospital on 9.4.2009 for treatment on reference from Sarvodaya Hospital, Hisar. He was operated upon for his right leg on 10.4.2009. Operation of left leg was scheduled for 14.4.2009. While he was taken to operation theatre at 6.30 P.M., his condition suddenly deteriorated. His heart beat and breathing stopped. In spite of best efforts, he could not be saved. In the process, two brothers of the patient entered the operation theatre, whereas others were standing outside. At about 9.30 P.M., the patient died. Intimation thereof was sent to Police Station, Civil Lines, Hisar. However, number of persons entered the hospital and ransacked the hospital property. Medical equipments were damaged and set on fire. Even the patients admitted in the hospital were also not spared. Not only this, when the police somehow controlled them on reaching at Dabra Chowk, the road was jammed. Number of passers-by were beaten up and their vehicles were set on fire. The petitioner was later on found to be involved in the incident and arrested on 22.4.2009. Learned counsel for the petitioner submitted that the petitioner has Criminal Misc. No. 13485 of 2009 [2] been falsely implicated in the present case. Otherwise, he had nothing to do with the incident. On the other hand, learned counsel for the State submitted that the petitioner is a hard core criminal. He is indulging in all these activities regularly. Three other FIRs were registered against the petitioner, namely, FIR No. 400 dated 8.8.2003, under Sections 385/506 IPC, Police Station, City Hisar; FIR No. 968 dated 27.11.2005, under Sections 447/427/506/34 IPC, Police Station, Sadar Hisar and FIR No. 332 dated 5.7.2008, under Sections 323/506/34 IPC, Police Station, Civil Lines, Hisar. Considering the aforesaid fact, the petitioner does not deserve the concession of bail. After hearing learned counsel for the parties and considering the facts and circumstances of the present case, where hospital of a doctor was ransacked while substantially damaging the same. Even the patients admitted in the hospital were also not spared. The mob even damaged public and private property while collecting at Dabra Chowk. Such type of incidents need to be curbed strongly as it is seen that such types of incidents have increased manifold where the mob indulge in damaging public and private property on trivial incidents. Considering the aforesaid facts, I do not find any ground to grant bail to the petitioner. Accordingly, the present petition is dismissed. (Rajesh Bindal) Judge 17.9.2009 mk