NISSAR MOHAMMAD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order of mine shall dispose of two bail petitions bearing Nos. Crl. M. 20839-M of 2002 Nissar Mohammad v. State of Punjab) and Crl M. 7697-M of 2002 (Phejan Mohammad v. State of Punjab) arising out of F.I.R. No. 104 dated 11.8.2001 registered under Sections 395, 356 of the Indian Penal Code at Police Station Nehian Wala District Bathinda.

(2.) The present case was registered on the statement of Hardee Kumar. He was posted at Air Port Bhisiyana. On 9/10.8.2001. he along with his wife were coming in an auto rickshaw from Railway Station Bathinda to Air Port Bhisiyana. At about 11.30 p.m. when they had covered a distance of 1-1/2 kms beyond village Deon at about 11.30 p.m. one canter Tate 407 came from behind and after overtaking stopped them in front of the auto rickshaw. Five persons came out of the canter and directed the complainant to hand over the cash and jewellery. They had snatched a gold chain, and two gold rings from complainant's wife and Rs. 500/- from the complainant. Thereafter, they boarded the Canter and sped away towards Muktsar.

(3.) During the investigation, identification of the above said five Persons was spelled out by Jagjit Singh and Ajaib Singh. At the time of occurrence, Jagjit Singh and Ajaib Singh were near the liquor rend and on hearing the alarm they had proceeded towards the place of occurrence. Ajaib Singh has stated that he knew these persons and named then as Bhopal Singh, Nisar Mohammad, Inam Mohd, Phejan Mohd, and Sada Mohd, who were robbing Hardev Kumar and his wife and had then sped away in the Canter.