IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-21322 of 2009 Date of decision : September 23, 2009 Narender alias Bhanu ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Ram Tilak Redhu, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) By this common order, I am disposing of two bail petitions i.e. Criminal Misc. No. M-21322 of 2009 filed by Narender alias Bhanu and Criminal Misc. No. M-24386 of 2009 filed by Lakhi Ram, both seeking bail in case FIR No. 25 dated 12.1.2009, under sections 394, 397, 216-A, 202 read with section 34 IPC and section 25 of Arms Act, Police Station Sadar Dadri, District Bhiwani. I have heard learned counsel for the parties and perused the case file. Robbery was committed in Gramin Bank, Imlota on 12.1.2009. Two persons entered the bank. A Sum of Rs 4, 12,281/- was taken away. During investigation, a sum of Rs 1 lac, one pistol and two live cartridges Criminal Misc. No. M-21322 of 2009 -2- were recovered at the instance of petitioner's co-accused Sanjay. A sum of Rs 1,50,290/-, a pistol and two live cartridges were recovered at the instance of petitioner Lakhi Ram and also another sum of Rs 60,000/- was recovered at his instance. Petitioner Narender alias Bhanu made disclosure statement regarding motorcycle used in the crime. In addition thereto, a sum of Rs 24,000/- and a mobile telephone were recovered from the said petitioner. Learned State counsel, on instructions from SI Des Raj, states that the culprits were traced on the basis of said mobile telephone. Learned counsel for the petitioners vehemently contended that the petitioners were not known to the witnesses and no test identification parade was held. Reliance has been placed on two judgments of Hon'ble Supreme Court in Kedar Singh and others vs State of Bihar, AIR 1999 SC 1481 and Rameshwar Singh vs State of J. and K., AIR 1972 SC 102 (1). It was also contended that no independent witness has been joined. It was further contended that only two boys had entered the bank but four persons have been implicated in the case. On the other hand, learned State counsel contended that Lakhi Ram petitioner refused to join test identification parade. It was also contended that looted cash amount was recovered from the petitioners besides pistol from Lakhi Ram petitioner and mobile telephone from Narender alias Bhanu petitioner. I have carefully considered the rival contentions. Learned counsel for Narender alias Bhanu petitioner advanced arguments as if final case for conviction or acquittal is being decided. Criminal Misc. No. M-21322 of 2009 -3- However, bail petitions are being decided at this stage. The allegations against the petitioners are very serious. Recovery of huge cash amount was effected from Lakhi Ram petitioner who even refused to join test identification parade. Mobile telephone was recovered from Narender alias Bhanu petitioner and it was this mobile telephone and also some other mobile telephone which led the police to the accused. In view of the aforesaid but without meaning to comment anything on merits, I do not find it to be a fit case for releasing the petitioners on bail. Both the bail petitions are accordingly dismissed. ( L.N. Mittal ) September 23, 2009 Judge 'dalbir'