NET RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Net Ram, the petitioner seeks regular bail in a case registered by way of FIR No. 131 dated 24.4.2012 at Police Station Sohna, District Gurgaon, for an offence punishable under sections 395 and 397 IPC.

(2.) Learned counsel for the petitioner submits that it is a case where some persons intercepted a canter and after giving beating to the driver and cleaner thereof, they snatched a sum of L 16000/- from the pocket of cleaner. He further submits that no test identification parade has been conducted in this case. He further submits that during investigation, a sum of L 1000/- was recovered from the possession of the petitioner. According to him, he is said to have told the police in his statement made to the police that a sum of L 3000/- had come to his share, out of which he spent L 2000/- and he got recovered the remaining amount of L 1000/-. He further submits that there is no identification of the money taken from the cleaner and so it cannot be said that the amount of L 1000/- recovered from the petitioner has been from that amount. He further submits that the petitioner is in custody since 24.4.2012.

(3.) Learned State counsel, on the other hand, on instructions from ASI Rajesh Kumar, submits that the petitioner was addressed by his name Net Ram by other accused who dissuaded him from hitting the cleaner further. He further submits that there has been identification of the petitioner by the complainant during investigation but not at a regular test identification parade.