CRM No.M-7003 of 2011 (O & M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-7003 of 2011 (O & M) Date of Decision: 04.08.2011 Suresh ..... Petitioner Versus State of Haryana ..... Respondent CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR JAIN. Present: Mr.Bipin Ghai, Senior Advocate, with Mr.Mandeep Kaushik, Advocate, for the petitioner Mr.Vikas Malik, AA.G., Haryana, for the respondent-State. **** Rakesh Kumar Jain, J. (Oral) This is an application for regular bail in a pending trial case registered vide FIR No. 438 Dated 29.08.2009 under Sections 302, 212, 120-B and 34 IPC at Police Station City Hansi, District Hisar. In the FIR, the allegations against the petitioner are that he has provided ammunition to the assailant. Counsel for the petitioner submits that it is a case of blind murder in which the petitioner has been involved on the disclosure statement of co- accused-Devender Chawla, who has alleged that the petitioner has supplied him ammunition (.32 bore pistol with 8 cartridges and one .9 M.M. pistol). Counsel for the petitioner has submitted that H.C. Ravel Singh has been examined as PW-1, who has alleged that the petitioner has given shelter to Devender Chawla, who is alleged to have committed the murder. CRM No.M-7003 of 2011 (O & M) ::2:: Counsel for the petitioner has further submitted that even if the statement of H.C. Ravel Singh is accepted, offence under Section 212 IPC is only attracted which is still bailable and Sections 120-B and 34 IPC would not be attracted as there is no allegation of conspiracy or common intention. He also submitted that the petitioner is in custody since 13.11.2009. In reply, learned counsel for the respondent-State has submitted that Devender Chawla is a habitual criminal of the area against whom various cases of murder, etc., have been registered by the police and there are 10 FIRs against the petitioner, which are reproduced as under:- (i) FIR No.541 dated 14.06.2001 under Sections 61-1-14 Excise Act, Police Station Sadar Hisar. (ii) FIR No.308 dated 22.12.2001 under Sections 341, 170 and 34 IPC, Police Station Agroha. (iii) FIR No.263 dated 14.04.2002 under Sections 25, 54 and 59 Arms Act, Police Station Sadar Hisar. (iv) FIR No.459 dated 18.07.2000 under Section 379 IPC, Police Station Sadar Hisar. (v) FIR No.455 dated 23.08.2003 under Section 379 IPC, Police Station Civil Lines Hisar. (vi) FIR No.93 dated 04.02.2004 under Section 382 IPC, Police Station Sadar Hisar. (vii) FIR No.147 dated 24.02.2004 under Section 379 IPC, Police Station Sadar Hisar. (viii) FIR No.149 dated 23.09.2005 under Section 380 IPC, Police Station Sadar Hisar. (ix) FIR No.406 dated 02.08.2000 under Sections 307, 353 and 341 PC, Police Station Civil Lines Hisar. (x) FIR No.438 dated 29.08.2009 under Sections 302, 303 CRM No.M-7003 of 2011 (O & M) ::3:: and 120-B IPC, Police Station City Hisar. Counsel for the petitioner has further submitted that out of the said FIRs, the petitioner has been acquitted in some of the cases. In this regard, counsel for the respondent, on instructions from ASI Dharam Singh, has submitted that the petitioner has been acquitted in the case registered under Excise Act and under Section 379 IPC. He further submits that out of 35 prosecution witnesses 6 witnesses have already been examined and the question whether the petitioner is involved only in a case under Section 212 IPC or is liable under Section 120-B/34 IPC, is yet to be seen. Keeping in view the facts and circumstances of the case and the antecedents of the petitioner, I do not find it to be a fit case for grant of concession of bail to the petitioner. Dismissed. (RAKESH KUMAR JAIN) JUDGE August 04, 2011 sukhpreet