JAGDEEP KHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Jagdeep Khan, who is behind bars since 17.1.2019, has approached this Court in the instant proceedings filed under Section 439 of Cr.PC, for grant of regular bail in connection with FIR No. 11/19, dated 7.1.2019, under Sections 392, 307 & 120-B of IPC and Sections 25-54-59 of Arms Act, registered at P.S. Baddi, District Solan, H.P.

(2.) In terms of order dated 23.9.2019, SI Mohar Singh, P.S. Baddi, District Solan, H.P., has come present alongwith records. Mr. Sudhir Bhatnagar, learned Additional Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Record/status report made available to this Court reveals that on 7.1.2019, complainant namely Amit Kumar telephonically informed police station Baddi that at a place called Sandoli Gurudwara, two motorcycle riders after having fired at a person riding on motorcycle have fled away towards Nalagarh. Police after having received aforesaid information though made an attempt to record the statement of injured, but since his condition was critical, police recorded statement of above named complainant Amit Kumar under Section 154 Cr.PC, who stated that on 7.1.2019, person carrying a bag on his shoulder was riding on motorcycle bearing registration No. HP12G6402 at a place called Malpur Bridge and then suddenly, he saw that two persons going towards Baddi riding on motorcycle with covered faces were trying to hold the rider of earlier motorcycle. He further alleged that riders of silver coloured motorcycle were seen by him coming back at Chinar Hotel, whereas rider (victim) of motorcycle bearing registration No. HP12G6402 was lying on road. On inquiry, it was revealed to the complainant by the person present on the spot that rider of the silver coloured motorcycle fired and snatched bag containing 7.57 lac rupees. On the basis of aforesaid statement made by the complainant, FIR detailed herein above came to be lodged at PS Baddi. Injured/victim Lal Chand remained admitted at PGI Chandigarh for a considerable time. Though injured stands discharged from the hospital, but injuries suffered by him have been opined to be grave in nature. On the basis of CCTV footage and dump data, police apprehended the accused namely Majar Singh, Sukhbir Singh and Hardeep Singh alias Rimpa. Police allegedly recovered sum of Rs. 3,19,000/- from the above named accused, who during investigation disclosed that they had taken pistol from the co-accused Taj Mohammad for sum of Rs. 1,04,000/- Accused named herein above further disclosed to the police that present bail petitioner Jagdeep Khan had disclosed to them that person namely Lal Chand (victim) usually carries cash and as such, they in connivance with each other robbed him. On the basis of aforesaid statement made by the co-accused Sukhbir Singh, bail petitioner came to be arrested on 17.1.2019 and since then he is behind bars. Co-accused Taj Mohammad stands enlarged on bail vide order dated 28.8.2019, passed by this Court in Cr.MP(M) No. 1562 of 2019, whereas three main accused namely Mejar Singh, Sukhbir Singh and Hardeep Singh alias Rimpa are behind the Bars.