LAWS(P&H)-2001-7-55

AJAY Vs. STATE OF HARYANA

Decided On July 03, 2001
AJAY Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) HEARD . It is alleged that on 27.12.2000, Sh. Rahul Dev, SHO of Police Station, Kharkhoda, District Sonepat, received a secret information while he was patrolling in a Government vehicle alongwith other police officials to the effect that some persons were planning to loot a Petrol Pump and they were present in a room at Radha Swami Satsang building situated on Kharkhoda Bahadurgarh road. On this information, he constituted a raiding party and apprehended the petitioner and his co-accused. Before raiding, the SHO himself had heard from outside that they were planning to commit dacoity at the Petrol Pump. From the possession of the petitioner, one Khurki was recovered.

(2.) COUNSEL for the petitioner contended that the petitioner is a young boy of the age of about 18 years and has passed 10+2 examination recently. He further contended that he had been falsely implicated. He also contended that although the SHO had raided the room on receipt of secret information, yet no independent witness was joined and further he had not reduced in writing the secret information which he had received. He next contended that the petitioner was in custody for the last more than six months. The learned AAG, Haryana, contended that the petitioner was a habitual thief as he was alleged to have stolen six cars and such, should not be released on bail. Certainly, this cannot be a ground not to release the petitioner on bail.