SUBHASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) FIR No.49 dated 1.3.99 came to be registered under Section 394 IPC and Sections 25/54/59 of the Indian Arms Act at Police Station, Samalkha, Distt. Panipat, on the statement of Rajbir wherein the following, among other, allegations, are found :-

(2.) Complainant-Rajbir and Kanwar Bhan are working in a wine shop at Samalkha. Rajbir is a driver. On 28.2.99 at about 7.30 p.m,, they started from Samalkha to the Wine Vend at Naultha for collection of cash in Jeep No. HR. 06 D 7727. They took the cash of Rs. 15,000/- from the said Vend. They had a red colour Rexin bag on which the complainant's name was written in Hindi with white paint in which his driving license was also there. They took 15 boxes of country liquor from Naultha liquor vend to be delivered at Naraina liquor vend. They left at 9.30 p.m. and at 10.00 p.m., they reached near Bridge Canal Naraina. A white maruti came from Namunda side. The car stopped in front of the jeep driven by the complainant. Three young persons got down from the car. One of them was having a pistol and the other two were having sticks. A person kept sitting in the Maruti as driver. The person who was having the revolver, asked the complainant to leave the steering and move to one side, and gave the driving seat. A person holding a stick occupied a blow on his face. Showing the pistol he occupied the other side. The other person having stick beat Kanwar Bhan. They took the jeep followed by the car on a Kachha path towards Khalila. After covering a distance of half a kilometer from the liquor vend, they stopped the maruti car and jeep gave blows to the complainant and snatched the bag containing cash and driving licence. They also took the jeep along with the liquor boxes and went away. All the four persons who were of the age between 25 to 30 wearing pants and shirts and speaking Harayanvi language.

(3.) The petitioner approached the Sessions Court, Panipat for being released on bail, but the same was declined, and therefore, the petitioner has approached this Court under Section 439 Cr. P.C. for being released on bail.