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Judgment
35 paragraphs · 375 wordsThe present petition has been filed under Section 438 of the
Code of Criminal Procedure, 1973 (for short the ''Code'') for grant of
anticipatory bail to the petitioners in FIR No.236, dated 01.12.2016,
registered under Sections 379-B IPC (Section 411 IPC added later on), at
Police Station City Kharar, District SAS Nagar Mohali.
Seeking anticipatory bail for the petitioners, learned counsel
submits that the petitioners are innocent and are not involved in any other
criminal case; they have been falsely implicated; recovery has already been
effected in the case and that the petitioners are ready to join the
investigation.
The case of the prosecution is that petitioners alongwith their
co-accused have snatched two gold bracelets of the complainant-Kamla
Devi, who is aged about 80 years. As per the FIR, the petitioners alongwith
their co-accused came in a car and stopped in front of the courtyard where
the complainant was sitting. Thereafter, the complainant was informed that
some friend of herself was unwell, who had come to meet her and since she
was unwell, she was sitting in the car. In order to meet her friend, the
complainant sat in the car and as soon as she did so her gold bracelets which
she was wearing in her both hands were snatched. Thereafter, she was
pushed out of the car and the petitioners alongwith their co-accused fled
away from the spot.
The allegations against the petitioners are serious wherein it is
alleged that the petitioners alongwith their co-accused have snatched gold
bracelets worn by an old age lady of 80 years by first making her to sit in a
car and after snatching her gold bracelets pushing her out of the car before
fleeing away.
The vehicle used in the offence is yet to be recovered; whether
the petitioners are involved in such like offences in which other old ladies
like the complainant have been targeted by the petitioners needs to be
probed.
In view of the above, I am of the opinion that custodial
interrogation of the petitioners is warranted.
Resultantly, the present petition is dismissed.
Nothing observed herein above shall be considered to be an
expression of opinion by this Court on the merits of the case.
