Crl.M. No. M- 13026 of 2009(O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1) Crl.M. No. M- 13026 of 2009(O&M) Date of decision : 21.5.2009. ... Saroop Singh ................ Petitioner vs. State of Punjab .................Respondent 2) Crl.M. No. M-5905 of 2009(O&M) ... Gurmeet Singh ................ Petitioner vs. State of Punjab .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. R.S. Rai, Senior Advocate with Sh. R.K. Girdhar, Advocate for the petitioners. Sh. A.P.S. Mann, Senior Deputy Advocate General, Punjab ... K.C. Puri, J. (Oral) Vide this order, I intend to dispose of Crl.M.Nos. M-13026 of 2009 and M-5905 of 2009, as both these petitions arise out of same FIR. This is a petition for grant of regular bail to Saroop Singh and Gurmeet Singh – petitioners, in FIR No.149 dated 15.10.2008 under Sections 382/506/34 IPC and under Section 13(2) 88 of the P.C. Act registered at Police Station Jaitu, District Faridkot. Crl.M. No. M- 13026 of 2009(O&M) -2- As per allegation of the prosecution, Mander Singh s/o Sher Singh, made a statement to the police in which he has stated that he was working as driver of oil tanker No. PB-03-H-7632 with M/s. Ranjit Singh and Sons, Bathinda. On 14.10.2008, he had filled his oil tanker with diesel from Bathinda depot and had emptied the oil tanker on the petrol pump at Gidderbaha at 8.00 P.M. and after taking his meals, he was going to Kotkapura. At about 12.15 A.M. (midnight), when he reached near Canal Minor Bridge in between Mallan and Ramiana, two cars suddenly came on the road and 6-7 persons armed with weapons and iron rods came down from them. Head Constable Saroop Singh was one of them who was previously known to him. Head Constable Saroop Singh asked him to get down from the oil tanker and asked him from where he was coming after supplying oil. He also stated that they were chasing him since yesterday. In the meantime, one youth who was about 6' and having camera and was wearing shirt-pant and turban, to whom Head Constable Saroop Singh addressed as Sukhjit Singh, photographed the tanker. One person was aged about 60-65 years with white beard and was wearing shirt-pant and three other young men, out of whom, one was wearing red colour check shirt and black pant and his height was about 5'-10” and second person was wearing red lining shirt and black pant and his height was about 5'-7” and was bald headed and third person was also wearing check shirt and grey pant and his height was about 5'-9” and all these three persons were also armed with rods and they threatened him and snatched Rs.1.25 lacs which were lying in the tanker and also asked him to bring Rs.5 lacs from his owner and Crl.M. No. M- 13026 of 2009(O&M) -3- deliver the same to them at Chowk at Bajakhana. The complainant had seen the numbers of cars as 3544 of Indica Silver colour and 9036 of Zen white colour. It is further stated that Saroop Singh Head Constable, his son Gurmeet Singh and their companions also threatened him that they will publish his pictures in the newspaper and will also telecast the movie in the local channel. They also stated that if the complainant wants to save himself then he should come at Chowk at Bajakhana and bring Rs. 5 lacs. On his statement, the law was set in motion. Learned counsel for the petitioners has submitted that petitioner-Saroop Singh Head Constable, has got registered many cases for adulteration, as alleged in paragraph 5 of the petition and on that count, false case has been registered. Learned counsel for the petitioners has further contended that Shushil Kumar PW has been examined and he has stated that on 14.10.2008, he delivered High Speed Diesel to Jain Highway Resorts, Gumjal. Learned State counsel has vehemently opposed the prayer made by counsel for the petitioners. The petitioners are in custody since October 2008. The trial is not likely to be concluded at an early date. So, without commenting on the merits of the case, bail to both the petitioners, namely, Saroop Singh and Gurmeet Singh, to the satisfaction of the trial Court. ( K.C. Puri ) 21.5.2009. Judge chugh Crl.M. No. M- 13026 of 2009(O&M) -4-