IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-10732 of 2010 Date of Decision: April 09, 2010 Dharamjit @ Bara .....PETITIONER(S) VERSUS State of Haryana .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Nishant Raj, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of bail to the petitioner in case FIR No.56 dated 13.2.2010 under Sections 395, 397 IPC and Section 25 of the Arms Act registered with Police Station, Gohana, District Sonepat. Learned counsel contends that the petitioner has not been named in the FIR. Five other persons have already been arrested and no ground for custodial interrogation of the petitioner is made out. Crl. Misc. No. M-10732 of 2010 [2] I have considered the contentions. Allegations in the FIR are of committing dacoity of 650 bags of rice being carried in a truck/trolla by Sispal (driver) and Kuldeep (conductor). The tractor/trolla was stopped by Alto Car. Five persons came down of the car and got inside the truck from both the windows. Two of the persons were having country made pistols. Complainant and the conductor were made to sit in the Alto Car. The truck was taken towards Rohtak. Complainant and the conductor were given beatings by three persons. Cash Rs.7,000/- was also snatched. Arrest of Ashok @ Pahlwan amongst others was effected. Ashok @ Pahlwan suffered a disclosure statement wherein he disclosed the involvement of the petitioner in looting the truck containing rice bags. The petitioner was to dispose of the rice bags that were subject matter of dacoity. During investigation, one country made pistol .315 bore and ten rice bags were recovered at the instance of accused Ashok. One country made pistol .315 bore was recovered at the instance of accused Davender @ Fauji. One mobile phone has been recovered at the instance of accused Parveen and 620 bags of rice were Crl. Misc. No. M-10732 of 2010 [3] recovered at the instance of accused Davender @ Fauji, Deep and Rajesh. During investigation, call details of the accused and petitioner have been traced which indicate prima facie culpability of the petitioner. During the period when dacoity was committed, the petitioner was in constant touch with the accused who have been apprehended. Considering the investigation that has been conducted till date, it is revealed that the petitioner is involved in commission of offence. The offence itself is of very serious nature. Only custodial interrogation shall reveal all the details in regard to role played by the petitioner. No ground for bail under Section 438 Cr.P.C. is made out. The petition is dismissed. (AJAI LAMBA) April 09, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?