IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-31460 OF 2010 Date of decision : 09.11.2010 Bablu @ Devender ….. Petitioner Versus State of Haryana …… Respondent Present : Mr. Surinder Dagar, Advocate for the petitioner. **** S.S. SARON, J. Heard counsel for the petitioner. The petitioner seeks regular bail in a case registered against him on 08.4.2009 for the offences under Sections 392, 397 and 411 IPC; besides, Section 25 of the Arms Act. The FIR in the case has been registered on the statement of Mahesh Kumar, complainant. According to the complainant on 8.4.2009, he was going to his factory at about 8.00 p.m. in the evening in his Skoda car. When the complainant reached near Pachranga Aachar Factory, Sector-25, Part-II, Panipat, three boys came from behind on a motorcycle and they stopped their motorcycle in front of the complainant’s car. They stated that the complainant did not know how to drive the vehicle. They asked him to get down. On this, the complainant got down from the car. One of the boy showed a country made pistol to the complainant and asked him to sit on the rear seat of the car. One of the boy sat on the driver seat and drove away the car on the bypass road of Sector-29 at Satpal dying. There they made the CRM No. M-31460 OF 2010 [2] complainant get down from the car and drove it away towards G.T. Road. They also took the complainant’s gold chain, gold bracelet, a watch and a wallet containing `5000/- and a Blackberry mobile phone of the Reliance company. Learned counsel for the petitioner has submitted that the complainant has not supported the prosecution case and has not identified the accused. Besides, it is stated that the petitioner is not named in the FIR. The other two accused namely Jai Bhagwan @ Pappu and Sanjay @ Lallan Bihari in the case were arrested by the Police along with Skoda car. The petitioner was not apprehended by the police along with the car. After giving my thoughtful consideration to the matter, it may be noticed that on the last date of hearing i.e. 29.10.2010, learned counsel for the petitioner was asked to submit as to how many witnesses remain to be examined. Learned counsel for the petitioner has submitted that 16 witnesses have been examined and 4 remain to be examined. Besides, the case before the learned trial Court is now listed for hearing on 16.11.2010. In the circumstances, the case is nearing completion. The fact that the complainant has not supported the prosecution case was considered by the learned Additional Sessions Judge, Panipat in his order dated 3.2.2010 while declining the bail to the petitioner. It was observed that though the complainant Mahesh Kumar in his statement as PW1 had not supported the prosecution case and had not identified the accused-applicant to be one of the assailants, but the Court cannot lose sight of the fact that the accused-applicant during the course of investigation had suffered the disclosure statement and had got recovered the amplifier make Alpine and wallet make Lee of the complainant. Therefore, it may be noticed that the case is nearing completion as only 4 witnesses remain to be examined. Besides, CRM No. M-31460 OF 2010 [3] recovery of the amplifier and the wallet of the complainant was effected from the petitioner. It may also be noticed that the application for regular bail filed by Jai Bhagwan @ Pappu and Sanjay @ Lallan Bihari was dismissed by this Court vide order dated 21.2.2010 passed in Crl. Misc. No. M-1774 of 2010 and Crl. Misc. No. M-1784 of 2010 respectively. In view of the facts and circumstances, no ground for grant of bail is made out at this stage. Accordingly, the Crl. Misc. petition is dismissed. It is, however, hoped that the learned trial Court shall make every effort and endeavour to conclude the trial as expeditiously as possible. (S.S. SARON) JUDGE November 09, 2010 amit