IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-23153 of 2009 Date of decision : September 10, 2009 Sonu alias Shinder Pal ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. IPS Kohli, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Sonu alias Shinder Pal has filed this petition for anticipatory bail in case FIR No. 13 dated 26.2.2009 under section 395 IPC, Police Station Behram, S.B.S. Nagar (Nawanshahar). I have heard learned counsel for the parties and perused the case file. According to the prosecution version, 5/6 young persons including the petitioner tres-passed into house of complainant Narinder Kaur at about 1.00 AM on night intervening 25/26-2-2009, armed with sword, dattar and iron rods and started throwing articles out of Almirah, like searching something. One of them attacked the complainant with his sword but the complainant ducked and saved herself. Her cry attracted other family members. They also cried. The aforesaid culprits thereupon ran Criminal Misc. No. M-23153 of 2009 -2- away. Complainant and her family members followed the culprits. There was a Qualis vehicle parked outside. One of the assailants fell down whereas the other escaped in the vehicle. The boy who had fallen down disclosed his name as Manoj Kumar alias Mani and also disclosed the names of his companions as Kamaljit alias Soma, Sonu i.e. petitioner and one Parveen Kumar and did not disclose the names of the remaining two persons. However, Manoj Kumar also gave slip and escaped on account of darkness. One mobile telephone, one camera and some cash amount were found missing. Learned counsel for the petitioner contended that, in fact, petitioner's co-accused Parveen Kumar had married with the daughter of the complainant against the wishes of the complainant and they were called to the house of the complainant for settling the matter but instead of doing so, the complainant's daughter was kept there and this false FIR was registered. It is contended that Parveen Kumar filed habeas corpus petition in this Court in which complainant's daughter appeared and stated that she wanted to live with her husband Parveen Kumar. On the other hand, learned State counsel contended that mobile telephone which had been taken away by the culprits has since been recovered from petitioner's co-accused Kamaljit Singh alias Sonu. It is also contended that a serious attack was made on the complainant but she saved herself by ducking. It is also contended that proceedings for declaring petitioner as proclaimed offender have already been initiated. The petitioner has been evading arrest for six months. Keeping in view the serious allegations that the petitioner along with his co-accused entered into house of the complainant at odd hour of Criminal Misc. No. M-23153 of 2009 -3- the night and took away mobile phone, camera and cash amount, the petitioner, in my considered view, does not deserve the concession of anticipatory bail. The instant petition is accordingly dismissed but without meaning to express any opinion on merits. ( L.N. Mittal ) September 10, 2009 Judge 'dalbir'