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Deep Kaur and another vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 16 March 2017 · Citation: (2017) 03 P&H CK 0137

HON’BLE JUDGES
Deepak Sibal
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-438>Section 438</a> - Direction for grant of bail to person apprehending arrest · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-411>Section 411</a>, <a href=1767-379B>Sectio
RESULT
Dismissed
CASE NUMBER
8841 of 2017
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Judgment

35 paragraphs · 375 words
1.

The 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.

2.

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.

3.

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.

4.

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.

5.

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.

6.

In view of the above, I am of the opinion that custodial

interrogation of the petitioners is warranted.

7.

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.