Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-17380 of 2014 Date of decision: 05.06.2014 Raghubir Singh alias Gora ....Petitioner Versus State of Punjab ....Respondent Present: Mr.Surinder Pal Singh Tinna, Advocate for the petitioner.
Mr.K.S.
Pannu, Addl.
AG, Punjab.
S.S.SARON, J.
Heard learned counsel for the parties.
The petitioner seeks regular bail in a case registered against him on 05.12.2012 for the offences under Section 382 read with Section 34 IPC and later on added Sections 392, 395, 454 read with Section 120-B IPC.
The FIR in the case had been registered on the statement of Gurjeet Kaur who has inter alia alleged that on the date of the incident i.e.5.12.
2012 in the evening at about 6.15-6.30 am, she and her daughter were taking tea while sitting in the bedroom on the cot.
In the meantime, three persons came and their faces were covered with handkerchief.
They were aged in between 20 to 35 yeaRs.They were wearing shirts and trouseRs.The person who was elder, his beard was open and he was wearing a turban.
The other two persons were younger and were wearing caps.
They rushed into Amit Kaundal 2014.06.07 12:11 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-17380 of 2014 -2- the bedroom.
The Sikh gentleman was holding some weapon having a grip which looked like an air gun and he suddenly targeted the gun towards the complainant and he closed her mouth by putting a cloth.
The daughter of the complainant was threatened by slapping her.
Threats to kill her were held out.
The keys from the complainant were taken and the safe of the almirah was opened.
The assailants took one bag of leather, in which there was a revolver (.32 bore) of her husband Major Singh and there were jewellery articles of gold, like 'karah' of her husband on which 'Ms.was written, two rings on which 'MS Gill' was written, one chain of gold and a locket on which 'Gill' was written, a ladies necklace, eight ladies bangles, six ladies rings, three gajre, one small necklace and biscuits of gold which were kept in different boxes, were stolen by these persons.
After leaving, the complainant informed her sister-in-law Baljinder who was residing just near to them.
She called her husband and informed him about the incident.
The petitioner was arrested on 27.02.2013.
He has been in custody for more than one year.
The trial in the case is going on.
Out of 22 witnesses to be examined by the prosecution, 12 witnesses have been examined.
The co-accused of the petitioner namely Raghubir Singh alias Rana has been granted the concession of bail by this Court vide order dated 18.02.2014 (Annexure P-3).The FIR has been quashed as against Baljinder Kaur vide order dated 11.12.2013 (Annexure Amit Kaundal 2014.06.07 12:11 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-17380 of 2014 -3- P-4).Therefore, in the facts and circumstances of the case, it would be just and expedient if the petitioner is granted the concession of bail.
Accordingly, the criminal miscellaneous application is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Fazilka, shall be released on bail.
(S.S.SARON) JUDGE0506.2014 A.Kaundal Amit Kaundal 2014.06.07 12:11 I attest to the accuracy and integrity of this document Chandigarh