Punjab-Haryana High Court
Lucky @ Dhanraj Singh vs State Of Punjab on 27 April, 2010
Author: Ajai Lamba
Bench: Ajai Lamba
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Miscellaneous No. M-4337 of 2010
Date of Decision: April 27, 2010
Lucky @ Dhanraj Singh
.....PETITIONER(S)
VERSUS
State of Punjab
.....RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - Mr. Vijay Lath, Advocate, for the
petitioner.
Ms. Rajni Gupta, Additional
Advocate General, Punjab.
. . .
AJAI LAMBA, J (Oral)
This petition has been filed under Section 438 Cr.P.C. for grant of bail to the petitioner in case FIR No.20 dated 24.1.2010 under Section 379 IPC, Police Station, Rajpura City, District Patiala.
As per allegations, when the complainant went in the house, petitioner and his co-accused took away the belongings of the complainant from his car. On enquiries being made from the neighbours, the complainant was informed Crl. Misc. No. M-4337 of 2010 [2] that petitioner, Lucky, picked the polythene envelop from the car of the complainant; put it in his jacket; and shut the door of the car. The complainant went to Ranjit Singh's house and asked about his belongings, whereupon Ranjit Singh and petitioner avoided the complainant, and after loading their belongings in the vehicle, left for Delhi Airport.
The petitioner had earlier joined investigation. During investigation, the investigating agency was informed that the goods can be recovered from a place known to the petitioner. Accordingly, polythene bag has been recovered, however, it contained two passports, cut into pieces belonging to the complainant and Roobi Rani. Currency notes of 1300 Pounds and Rs.68,000/- in Indian currency are yet to be recovered. RC of the car of the complainant is also required to be recovered.
Learned counsel for the petitioner has argued that the incident is most improbable, rather impossible.
Considering the facts and circumstances of the case, probability and
possibility of the incident cannot be gone into.
Considering the gravity of the offence and the fact that even the passport was Crl. Misc. No. M-4337 of 2010 [3] destroyed, no ground for grant of bail under Section 438 Cr.P.C. is made out.
The petition is dismissed.
(AJAI LAMBA)
April 27, 2010 JUDGE
avin
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?