Bail petition by petitioner involved in selling registration covers and vehicle causing death in accident. Bench denied bail citing patent forgery and gravity of offence.
Pre-arrest bail application rejected. Petitioner dismissed.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO. M 10578 of 2009 DATE OF DECISION 5.5.2009
Rajesh Kumar
......PETITIONER
VERSUS
State of Punjab
......RESPONDENTS
PRESENT: Mr. AP Singh Srawaan, Advocate Mr. PS Sidhu,Addl.A.G.Punjab
M.M.S.BEDI,J.
As per the allegations in the FIR and the result of the investigation the petitioner had purchased the registration cover of Maruti Van PB-05-3549 from Ashok Kumar Kabaria for Rs.400/- and affixed this number on a vehicle, which he had sold to Gurcharan Singh. The said vehicle met with an accident, in which one BSF Constable was killed. A claim petition was filed, in which summons were issued to the registered owner i.e. Shamsher Singh. The said Shamsher Singh moved an application before the police after receipt of the summons and informed the police that he had sold the above said vehicle to Ashok Kumar, who had subsequently sold the R.C. of the same to the petitioner.
Learned counsel for the petitioner submits that the petitioner had allegedly sold the R.C. only to Gurdip Singh and it was Gurdip Singh, who had sold the vehicle on the basis of the said R.C. by putting the wrong number plate. The said ground may constitute a good ground for regular bail but in view of the patent forgery committed by the petitioner, taking into consideration the gravity of the offence, no extra ordinary exceptional circumstances exist for the grant of pre-arrest bail to the petitioner as the sale and purchase of condemned vehicles by the petitioner itself is a serious offence.
Dismissed.
May 5 ,2009 ( M.M.S.BEDI ) TSM JUDGE
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioner convicted of patent forgery and sale of condemned vehicles.
Rajesh Kumar
State of Punjab
M.M.S. BEDI
As recorded by the court registry
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