Punjab-Haryana High Court
Sabeer Ahmad Bage vs State Of Punjab on 25 July, 2011
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
CRM-M-20223-2011 (O&M) [1]
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-20223-2011 (O&M)
Date of decision:25.07.2011.
Sabeer Ahmad Bage ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR JAIN
Present: Mr. K.S.Kahlon, Advocate,
for the petitioner.
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RAKESH KUMAR JAIN, J.
This is a petition for grant of pre-arrest bail to the petitioner in a case registered vide FIR No.211 dated 10.11.2010, under Section 379 IPC, Police Station City Gurdaspur, District Gurdaspur.
The aforesaid FIR was registered on the complaint of Anil Kumar that on the intervening night of 9/10.11.2010, his 2007 model Honda City car bearing registration NoPB-08-BJ-3553 parked outside the gate of his house was stolen. His car was recovered in Kashmir from the petitioner when he was arrested in case FIR No.71 dated 10.11.2010, under Section 307 of the Ranbir Penal Code. The petitioner, who happens to be in Jammu & Kashmir Police, was rashly driving the aforesaid car from Udhampur towards Batote and when the police patrolling party at Kud Bazar signaled him to slow down his car, he rashly drove the car and tried to run over the police party with intention to kill them. He was chased by the police but could not catch him and found the car abandoned at Kasal Morh from which identity card of the Jammu & Kashmir police of the petitioner, his election card and a mobile phone (Nokia) were recovered and seized.
CRM-M-20223-2011 (O&M) [2]
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Learned counsel for the petitioner has submitted that the petitioner has been granted regular bail in the aforesaid case registered under Section 307 of the Ranbir Penal Code at Police Station Kud, by the Judicial Magistrate 1st Class, Chenani on 14.12.2010. He has further submitted that the petitioner is in government service who is unlikely to escape from justice and has been falsely implicated.
After hearing learned counsel for the petitioner and taking into consideration the facts and circumstances of this case, much-less the recovery of the stolen car from the petitioner, I do not find it to be a fit case for grant of pre-arrest bail especially when it was observed by the learned Court below that the petitioner has been absconding since long and the proceedings for declaring him as a Proclaimed Offender have already been initiated.
In view thereof, the present petition is found to be denuded of any merit and the same is hereby dismissed.
July 25, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE