NESAR MOHAMMAD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners-accused seek bail pending trial in case bearing F.I.R No. 104 dated 11.8.2001 registered under Sections 395 and 356 of the Indian Penal Code with Police Station, Nahian Wala.

(2.) The present case was registered on the statement of Hardesh Kumar Attri. He was employed in Air Force and was posted at Air Port, Bhisiyana. On 9.8 2001 at 11.00 p.m., be along with his wife returned to Bathinda by train. After hiring auto rickshaw from Railway Station, they proceeded for Air Port, Bhisiyana. After covering a distance of 1-1/2 kms. ahead of village Deond, one Canter TATA 407 was noticed coming from backside and after overtaking the auto rickshaw, the driver of the Canter stopped the Canter in front of the auto rickshaw. A number of persons were sitting in the Canter. They alighted from the Canter and surrounded the auto rickshaw. One out of the persons were carrying a torch while another was having a rod. Those persons directed the petitioner and his wife to hand over the cash and jewellery whereupon wife of the complainant gave gold chain weighing about 2 tola and 2 gold ring weighing about 10 masas each Rs. 500/- were taken out from the purse of the complainant. Thereafter those persons boarded the Canter and proceeded towards Mukatsar. The case is still under investigation.

(3.) I have heard learned Counsel for the parties at length.