Criminal Misc. No.3743-M of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No.3743-M of 2008 Date of Decision:18.02.2008 Sita Ram .....Petitioner Vs. State of Haryana .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJESH BINDAL Present:- Mr. R.S.Ghai, Senior Advocate with Mr. G.S.Kaura, Advocate for the petitioner. Mr. Ajay Ghengas, DAG, Haryana. **** RAJESH BINDAL J. The prayer in the present petition is for grant of pre-arrest bail to the petitioner in FIR No.29 dated 21.1.2008 registered under Sections 18, 21, 61, 85 NDPS Act and 25, 54, 59 Arms Act 70 at Police Station Shahbad, District Kurukshetra. The allegation against the petitioner is that he had run away from the spot. Two persons, namely, Sumit Singh and Suresh Kumar were arrested on the spot while they were carrying 600 gram smack and 3.460 k.g opium. In addition to that, a loaded 32 bore pistol was also recovered from Sumit Singh. Learned counsel for the petitioner submits that the person named in the FIR who had run away from the spot was Surjit Singh son of Harpal Singh belonging to Village Jamitgarh District Patiala whereas the petitioner who is Sita Ram resident of Village Kharar, is being harassed unnecessarily. Further the submission is that a statement by a co-accused cannot be relied upon. Learned counsel for the State submits that the petitioner is in fact living in village Jamitgarh along with his in-laws as they do not have any son. His father's name is Harpal alias Pala and in the village as per the enquiries, it is found that he is known as Surjit Singh. One of the persons arrested from the spot Suresh Kumar also belongs to Village Jamitgarh. Keeping in view the above facts and also the fact that the Criminal Misc. No.3743-M of 2008 -2- recovery in the present case, in which the petitioner had allegedly run away, is 600 gram smack besides 3.460 k.g opium and in addition to that a loaded 32 bore pistol was also recovered, in my opinion, it is not a fit case for grant of pre-arrest bail. The petition is dismissed. February 18, 2008 ( RAJESH BINDAL ) renu JUDGE