Crl.M.No.15739-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.15739-M of 2010(O&M) Date of Order: 24.8.2010 Jatinder Kaushal @ Vicky .....Petitioner Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Sanjay Gupta, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Crl.M.No.28398 of 2010 Application is allowed as prayed for. Crl.M.No.15739-M of 2010 Prayer under Section 439 Cr.P.C is for grant of regular bail in case FIR No.74 dated 19.5.2009 under Sections 452/398/302/34 IPC and Section 25/54/59 of the Arms Act, P.S Mehilpur, District Hoshiarpur. As per the allegations in the FIR, on 19.5.2009 at about 4.30 p.m, two clean shaven youths aged about 29-30 years came to the Jewellery shop of Nasib Chand and asked for exchange of pounds and on denial by said Nasib Chand to exchange pounds, both of them left the shop and after about 10-15 minutes, they again entered their shop and tried to open the showcase. Upon raising of alarm, they took out a pistol and after firing at Nasib Chand, who succumbed to his injuries, they fled away in white Maruti Car bearing No.PB-08 BP 3561 after Crl.M.No.15739-M of 2010 #2# firing shots in the air. Learned counsel submits that no identification parade in this case was made during investigation and that the witnesses of the occurrence have not supported the story of the prosecution. He further submits that the petitioner has neither been named in the FIR nor in the statement of the complainant. An affidavit dated 23.8.2010 of Sh. Rajiv Kumar, Sub Inspector, Investigation Officer, P.S. Mehtaiana, District Hoshiarpur has been filed in court today on behalf of respondent No.1 to the effect that the petitioner is a habitual offender and four other FIRs besides the present one have been lodged against him out of which two cases are of similar nature i.e under Section 394/34 IPC and two are under the Arms Act. Counsel for the parties heard. In view of the gravity of the offence and the antecedents of the petitioner and the fact that the trial is likely to conclude in near future, I find no good ground to grant the concession of bail to the petitioner. Dismissed. August 24, 2010 ( JASWANT SINGH ) manoj JUDGE