Crl. Misc. No.M-33697 of 2010 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-33697 of 2010 Date of decision: 25.11.2010 Pankaj Kumar .. Petitioner Versus State of Punjab .. Respondent Present:- Mr.Jitender Singh Dadwal, Advocate, for the petitioner. Mr.M.C.Berry, Addl.A.G., Punjab. * * * * S.S. SARON, J. Heard counsel for the parties. The petitioner prays for grant of regular bail in case FIR No.41 dated 28.02.2005 registered at Police Station Sadar Khanna, for the offences under Sections 399 and 402 Indian Penal Code ('IPC'- for short). The FIR (Annexure P-1) in the case has been registered on the basis of memo sent by Rajeshwar Singh Sidhu, DSP, Sub Division, Khanna. Rajeshwar Singh Sidhu, DSP, alongwith his gunman and other Police officials were present on the G.T.Road at Veeza Chownk, on 28.02.2005. They were in Government vehicles for special checking. A special informer came to Rajeshwar Singh Sidhu and informed that various persons including the petitioner along with their other friends were making preparations for committing dacoity and other serious offences. They were armed with deadly weapons and were present near the railway line between railway gate of village Kauri and railway track of village Biza. Crl. Misc. No.M-33697 of 2010 ::2:: Some days earlier also, the said persons had committed dacoity by looting and snatching in a Jalandhar-Delhi super fast train near Doraha. If a search was immediately made between railway gate Biza and railway gate Kauri, then all the said persons as mentioned therein including the petitioner could be arrested while making preparations for committing dacoity with deadly weapons. The information was considered reliable and trustworthy. Making plans for committing dacoity while armed with deadly weapons by the accused including the petitioner, it was observed, makes out an offence under Sections 399 and 402 IPC. A memo was sent to Police Station Sadar Khanna for registration of a case. The name of the petitioner as an accused is mentioned in the memo that was sent to the Police Station for registration of FIR. The FIR was registered and the petitioner is named as an accused in the same. In the raid that was conducted on the basis of secret information received by Sh. Rajeshwar Singh Sidhu, DSP, Khanna, four persons including the petitioner were arrested while three others succeeded in escaping from the spot. A .315 bore (pistol) with one empty cartridge was recovered from the petitioner. According to the learned counsel for the petitioner, the petitioner is innocent and is in custody since 11.03.2005. Learned counsel for the State on instructions from ASI Harjinder Singh, Police Station, GRP Sirhind, Ludhiana, has submitted that out of 34 prosecution witnesses, 33 witnesses have been examined and one witness remains to be examined. The case before the learned trial Court is now fixed for hearing on 03.12.2010. In the aforesaid facts and circumstances and keeping in view the fact that the case is nearing its completion as all prosecution Crl. Misc. No.M-33697 of 2010 ::3:: witnesses except for one have been examined, it would be inexpedient at this stage to grant the concession of bail to the petitioner. Accordingly, the criminal miscellaneous petition is dismissed. (S.S. SARON) November 25, 2010 JUDGE sukhpreet