TARSEM SINGH @ KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE Petitioner seeks regular bail in a case registered against him on 11.4.2010 for the offences under Sections 399 and 402 IPC; besides, Section 25 of the Arms Act.

(2.) THE FIR in the case has been registered on the statement of SI Balbir Singh against five accused including the Petitioner. It is alleged by SI Balbir Singh that he along with other police officials was going in an official vehicle driven by Constable Inderjit Singh in connection with detection of crime. They were present at Bus Stand Loda, G.T. Road when ASI Daljit Singh, ASI Ranbir Singh, ASI Dharambir Singh, H.C. Jagpal Singh, Constable Dharam Singh, Constable Puneet Kumar and other police officials came in a vehicle being driven by EHC Ram Kumar from Shahbad side. While SI Balbir Singh was talking with them, a special informant came and gave secret information that Kabal Singh, Manjit Singh @ Bobby, Jagtar Singh @ Ram Sareef, Nihal Singh @ Hadamba and Tarsem Singh @ Kala (Petitioner) were jointly indulging in looting trucks containing scrap material on the G.T. Road and after looting they would sell the same. Earlier they had also committed such kind of incidents and on that day i.e. 11.4.2010, the above said five persons were present at Jhilmil Dhaba on the G.T. Road in the area of Tyoda. They were planning to rob a truck containing scrap on the G.T. Road. The information was found credible. A raiding party was formed. Some of the passersby were asked to join the raiding party but they expressed their compulsions and did not join. The raiding party formed by SI Balbir Singh comprised of the police officials were directed to encircle the Dhaba in official vehicles from G.T. Road side. After necessary directions were given, SI Balbir Singh along with other officials and according to the instructions that were given reached at the Dhaba by concealing his identity. One of the persons who was sitting in the Dhaba was saying that Kabal Singh who had been assigned the duty of committing robbery of truck containing scrap would act in a manner that he would sit in a truck from the Dhaba situated opposite Bus Stand Loda where drivers stopped their trucks for having meals. The modus operandi that was adopted was that the moment a truck containing scrap was found at the Dhaba they all would take lift in a truck and after going for some distance, on getting a signal, they would nab the driver. Tarsem Singh (Petitioner) would drive the truck and the others would tie the truck driver. In case the truck driver resisted then fear would be put in him by showing a pistol and if need be, he would be shot at. The driver who had been tied would be dropped at some far away place. They would then bring the truck to Delhi and would sell the iron and truck and thereafter they would distribute the money amongst themselves. Balbir Singh SI after hearing this exhorted the persons sitting in the Dhaba that they have been surrounded by the police and whatever they were discussing had been heard. They were asked to surrender before the police. On hearing this the persons sitting inside the Dhaba tried to flee away but Balbir Singh SI with the help of other officials nabbed all the five persons including the Petitioner. The Petitioner was nabbed by ASI Ranbir Singh and a pickaxe was recovered from him. Besides, pistols and other weapons were recovered from the other accused. It was concluded that the five accused including the Petitioner who had been apprehended by arming themselves and chalking out a plan to commit robbery, had committed offences under Sections 399 and 402 IPC; besides, Section 25 of the Arms Act.

(3.) THE reports of the Petitioner corroborate the assertions of the learned Counsel for the Petitioner that the Petitioner is suffering from HIV Positive. The Petitioner is also involved in FIR No. 62 of 2010 for the offences under Sections 392, 395, 420 and 120B IPC registered at Police Station Shahabad. In the present case, it may be noticed that the allegations primarily are that the Petitioner was part of a gang which used to loot trucks containing scrap materials and would sell the same. However, these are allegations of preparation of committing looting of trucks containing scrap material. The actual act of looting has not been committed. Besides, the CRM No. M -35319 of 2010 [4]