Criminal Misc. No. M-10012 of 2011 1 Criminal Misc. No. M-13232 of 2011 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-10012 of 2011 Date of decision: 07.06.2011 Charanjit Singh ...Petitioner Versus State of Punjab ...Respondent Criminal Misc. No. M-13232 of 2011 Date of decision: 07.06.2011 Sukhjinder Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Mehar Singh Rattu, Advocate for the petitioner in Criminal Misc. No. M-10012 of 2011. Mr. Arvind Kashyap, Advocate for the petitioner in Criminal Misc. No. M-13232 of 2011. Mr.Shilesh Gupta, DAG, Punjab. Mr. Shalender Gupta & Navkesh Singh, Advocates for the complainant. Rajan Gupta, J. This order will dispose of two petitions wherein the petitioners have sought concession of pre-arrest bail in a case registered against them under sections 392/365/120-B IPC and Sections 25/27/54/59 of the Arms Act vide FIR No. 20 dated 15.02.2011 at police station Bhawanigarh, District Sangrur. Criminal Misc. No. M-10012 of 2011 2 Criminal Misc. No. M-13232 of 2011 Learned counsel representing the petitioners argued that petitioners had been falsely implicated in the case. They had no role to play in the alleged offence. The main accused were arrested by the investigating agency, thus, petitioners are entitled to concession of pre-arrest bail. Learned State counsel has, however, vehemently opposed the prayer. He has referred to affidavit of Harcharan Singh Bhullar, Senior Superintendent of Police, Sangrur filed in the case. He submitted that during investigation it had been revealed that petitioners along with co- accused had snatched the property of the complainant and divided the same among themselves. According to affidavit, the accused acted pursuant to well planned conspiracy. Learned State counsel emphasize that in view of nature of crime, the petitioners are not entitled to concession of pre-arrest bail. I have heard learned counsel for the parties. Allegations in the FIR are that one Major Singh, a property dealer came in contact with Kulwinder Kaur alias Simran. Kulwinder Kaur proposed that land measuring 6½ acres belonging to her sister be bought jointly by herself and complainant. On 14.02.2011 at the instance of Kulwinder Kaur, the complainant reached village Bahamaniwala along with earnest money of Rs. 4.14 lacs. The complainant met Kulwinder Kaur and she joined him in his car. Kulwinder Kaur made the complainant roam about in the car coining one story or the other. At about 9.00 p.m. when both complainant and Kulwinder Kaur were sitting in the car, three gun-men came there in another car. Two of them were in police uniforms. They dragged the complainant out and assaulted him. The third youth in civil dress threatened the complainant with a pistol and took away Rs. 4.14 lacs Criminal Misc. No. M-10012 of 2011 3 Criminal Misc. No. M-13232 of 2011 lying in the boot of the vehicle. The complainant was even robbed of the gold chain, karra and rings worn by him. Thereafter, the complainant was forced to sit in the car and taken to the police post Model town, Patiala. They reported at the police post that the complainant (Major Singh) had assaulted the accused. However, the complainant, thereafter, boarded a truck and reached his friend and thereafter the matter was reported to the police. Keeping in view the fact that petitioners are police officials and are alleged to have committed a serious crime, I am of the considered view that they are not entitled to concession of pre-arrest bail. The petitions are thus devoid of merit and are hereby dismissed. 07.06.2011 (RAJAN GUPTA) AJAY JUDGE