CRM No.M-6044 of 2010 v. State of Haryana

CORAM : HON'BLE MR. JUSTICE S.S.SARON Present : Mr. N.S.Shekhawat, Advocate for the petitioner. Mr. K.C.Gupta, Sr. DAG, Haryana. **** S.S.SARON, J. (ORAL) Heard learned counsel for the parties. The petitioner seeks regular bail in the case registered against him in FIR No.197 dated 14.07.2009 for the offences under Sections 399/402/307/420/467/468 and 471 of IPC and Sections 25/54/59 of the Arms Act at police station Sadar Thanesar, Distt. Kurukshetra. The petitioner has been chargesheeted (challaned) filed by the police) for the offence under Section 25 of the Arms Act only. As per the allegation in the FIR, Rajesh Kumar, Inspector I.C.S.I.T. Ambala Range, Ambala on 14.07.2009 at 4.10 am along with other police officials were present at Umri Chowk on GT Road for patrolling and checking of crime. There they received information from reliable sources that various persons whose names are mentioned in the FIR used to snatch the vehicles and commit robbery on pointing pistols after stopping the vehicles going on GT Road during the night time. It was also informed that they also CRM No.M-6044 of 2010 -2- avail the services of a lady namely Kamla to stop the vehicles during night time. On 14.07.2009, they were coming to commit robbery in one Bolero and Scorpio with fake registration numbers. They all were dangerous persons and criminals in nature. Inspector Rajesh Kumar informed Inspector Jangsher Singh, SIT, Ambala Range, Ambala who came on that day towards Kurukshetra side and also informed other police officials. After about 10-15 minutes, Inspector Jangsher Singh along with SI Gurvinder Singh and other police officials reached at Umri Chowk with bullet proof jacket on government vehicle. Sub Inspector Sita Ram along with ASI Dharambir Singh and other police officials also came there with bullet proof jackets and light. ASI Kuldip Singh and ASI Rajesh Kumar came there on a private motorcycle. All the police officials were made aware of the information, which had been received. Check post was set up by Inspector Rajesh Kumar on Umri to Bhadson Road on the turning of village Bodhi. Three teams under his control were deputed. ASI Kuldip Singh and ASI Rajesh Kumar were directed to reach at Jhwinrehri turning on the motorcycle to keep watch on the road so that they could intimate him when Bolero and Scorpio vehicles cross them. Thereafter, vehicles came and the road was blocked with vehicles. In the meanwhile, the lights of the two vehicles were noticed one after the another, when the said vehicles came there, they were signaled to stop with torch light, one person driving the Scorpio and one other person sitting besides him fired three direct shots on the police party with an intention to kill them. One bullet hit on his front side on the bullet proof jacket. Then Inspector Rajesh Kumar along with his CRM No.M-6044 of 2010 -3- colleagues fired back and firing continued for some time. In the meantime, Inspector Rajesh Kumar and ASI Rajbir Singh apprehended one person armed with pistol in his right hand who was trying to escape from the seat besides the driver's seat. The person on the driving seat was apprehended by Inspector Jangsher and SI Gurvinder Singh along with his pistol when he was trying to escape. SI Sita Ram, ASI Dharambir & HC Ramesh Kumar apprehended the person sitting along with the driver with pistol in his right hand. A lady was also found sitting on the back seat of the Bolero. The person apprehended by the Inspector Rajesh Kumar disclosed his name as Sunil Kumar @ Raja @ Kale. On search, pistol was found in his right hand, one round 9 mm in the chamber of pistol with the stroke of firing pin. Other weapons were also recovered. The details of which are mentioned in the FIR, which make out an offence under the Arms Act. The Bolero and Scorpio vehicles were found under fake registration number. According to the learned counsel for the petitioner, the petitioner is involved only for the offence under Section 25 of the Arms Act for which he is entitled to the concession of bail. It is further submitted that the petitioner has not only been implicated in the present case but has also been implicated in the case registered at Dhannod, Distt. Dhar(M.P.). Therefore, it is submitted that the police is unnecessarily arresting the petitioner. In response, learned counsel for the State has submitted that FIR No.259 dated

14.09.2007, FIR No.453 dated 05.11.2008, FIR No.114 dated

11.03.2009 and FIR No.293 dated 19.07.2009 are registered at Dhannod, Distt. Dhar(M.P.). Therefore, it is submitted that the CRM No.M-6044 of 2010 -4- petitioner is not entitled to the concession of bail. After giving my thoughtful consideration to the matter, it may be noticed that the petitioner is one of the suppliers of weapons to the persons, who have been committing robbery and indulging in criminal activities. As per the version of the police, about 50 weapons were sold by the petitioner to the accused over a period of time, who fired on the police when they were conducting checking after receiving credible information. The petitioner is in custody since 18.07.2009 and involved in four other cases at Dhannod, Distt. Dhar(M.P.). FIR No.293 dated 19.07.2009 was registered at Dhannod, Distt. Dhar(M.P.) as the petitioner after his arrest on 18.07.2009 was taken to his home in Madhya Pradesh where recoveries were effected and two country made pistols were found in his possession. Keeping in view the role of the petitioner, there is no ground for concession of bail. Consequently, this Crl. Misc. stands dismissed. However, nothing stated herein shall be considered as opinion on the merits of the case and the learned trial court shall consider the case on the basis of evidence as led and adduced before him. March 31, 2010 (S.S.SARON) JUDGE