PARVEEN AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR no. 92 dated 26.04.2011, under Sections 302/392/395/201/412 IPC, registered at police station Rai, District Sonipat.

(2.) I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Sonepat dismissing bail application filed by the petitioners.

(3.) Brief allegations are that, present petitioners-accused were arrested in another case i.e. FIR no.98 dated 02.04.2011, under Sections 392/395 IPC and it came during interrogation that they were also involved in this occurrence. In this case a truck bearing registration no. HR-69A-5559 belonging to complainant was taken by deceased -Ram Avtar on 20.04.2011 from Sonepat for going to Yamunanagar. He had loaded gravel from Sofat Stone Crusher, Yamunanagar. He was found murdered. The truck without gravel and without documents was recovered from some distance. During investigation permit alongwith Form 47 of the truck, which was looted, was recovered from the house of petitioner-accused -Anil @Kalu as per his disclosure statement. Mobile phone mark Samsung having IMEI no. 359750036813464 belonging to the deceased was recovered from the possession of petitioner-accused, Parveen as per his disclosure statement. It has been contended by learned counsel for petitioners accused that they have since been acquitted in the said FIR no.98 dated 02.04.2011. It is further contended that there is no evidence that the mobile which was allegedly recovered from the possession of petitioner-accused, Parveen was belonging to the deceased. It is also contended that the alleged documents of looted truck were also planted upon him. It is further contended that they have been continuing in custody since 12.05.2011 and trial is not likely to be concluded.