VIKRAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer in this petition is to release the petitioner on regular bail in FIR No.197 dated 13.7.2000, under section 392, 397, 120-B/34 IPC, registered at Police Station City, Yamuna Nagar.

(2.) As per the allegations contained in the FIR, the petitioner along with his co-accused entered the house of the complainant pretending that they were officials of the Electricity Department and had come to check the electricity-meter as there were 'complaints' of electricity theft against the complainant. Having entered the house, one of the accused is alleged to have taken out his revolver and threatened the complainant and his family members with dire consequences and forcibly took away the golden jewellery and other valuable items from the house.

(3.) The petitioner was arrested and was thereafter granted bail by this Court on 11.9.2002. Meanwhile, the petitioner was arrested by the Delhi Police on 21.3.2004 in some other case registered against him in Delhi due to which he could not appear before the learned Additional Sessions Judge at Yamuna Nagar on the date fixed and, thus, his bail bonds were cancelled on 29.10.2004. The petitioner, however, moved an application for bail on the ground that his non-appearance before the learned trial court on 29.10.2004 was beyond his control as he was in custody of the Delhi Police which failed to produce him before the Court at Yamuna Nagar. The aforementioned plea did not find favour with the learned Additional Sessions Judge, hence this petition.