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2012 DIGILAW 1300 (PNJ)

Net Ram v. State of Haryana

2012-09-25

VIJENDER SINGH MALIK

body2012
JUDGMENT Mr. Vijender Singh Malik, J.: (Oral) - Net Ram, the petitioner seeks regular bail in a case registered by way of FIR No. 131 dated 24.4.2012 at Police Station Sohna, District Gurgaon, for an offence punishable under sections 395 and 397 IPC. 2. Learned counsel for the petitioner submits that it is a case where some persons intercepted a canter and after giving beating to the driver and cleaner thereof, they snatched a sum of Rs.16000/- from the pocket of cleaner. He further submits that no test identification parade has been conducted in this case. He further submits that during investigation, a sum of Rs.1000/- was recovered from the possession of the petitioner. According to him, he is said to have told the police in his statement made to the police that a sum of Rs.3000/- had come to his share, out of which he spent Rs.2000/- and he got recovered the remaining amount of Rs.1000/-. He further submits that there is no identification of the money taken from the cleaner and so it cannot be said that the amount of Rs.1000/- recovered from the petitioner has been from that amount. He further submits that the petitioner is in custody since 24.4.2012. 3. Learned State counsel, on the other hand, on instructions from ASI Rajesh Kumar, submits that the petitioner was addressed by his name Net Ram by other accused who dissuaded him from hitting the cleaner further. He further submits that there has been identification of the petitioner by the complainant during investigation but not at a regular test identification parade. 4. Identification of a person informally in the police station is no identification. The money recovered from the petitioner is not huge which may raise suspicion against him. The person named in the FIR is Net Ram but there is no evidence on record to show that the petitioner Net Ram is the said Net Ram. There was no reason for the police not to conduct test identification parade after the arrest of the accused. In this view of the matter, without commenting on the merits of the case, I find the petitioner to be entitled to regular bail during the trial. There was no reason for the police not to conduct test identification parade after the arrest of the accused. In this view of the matter, without commenting on the merits of the case, I find the petitioner to be entitled to regular bail during the trial. Therefore, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Gurgaon. ---------0.B.S.0------------