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Judgment
Sabina, J.—This petition has been filed u/s 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 188 dated 24.4.2010, u/s 382 of the Indian Penal Code, (IPC for short) registered at Police Station Division No. 5, Civil Lines, Ludhiana.
The contents of the FIR, as reproduced in para 2 of the petition, are as under:
Stated that I am residing at the said address with my parents and am employed as Social Studies teacher in R.S. Model Senior Secondary School. Today, after the school I was going to my home on foot like other days. When I was walking near Kartar Park Sargodha Colony. I was having a white-red plastic bag in my right hand containing school documents and Fee copy of class 8th section E and also a red purse containing fee of Rs. 1100/1200 and some personal cash and one pass port size photograph. It was about 2.4 p.m. when one young boy on a scooter make Nova colour black, wearing red helmet came from backside and tried to snatch the plastic bag and purse in my right hand. I held it tightly then the boy threatened to leave it otherwise he will hit with knife. I was frightened and released the same. Then the said boy sped away on his scooter. I raised raulla. I could not read the number of the scooter as I was frightened and I went to my house. Where I told the entire incident to my father on telephone. We were going to you for giving information. In the way I came to know that the purse of Smt. Neelam Sharma wife of Dr. D.P. Sharma r/o 589, Nirankari Gali No. 1, Overlock road, was also snatched by some un-identified person, while she was going on rickshaw to Jawahar Nagar Camp, Midha Chowk, Model Gram. I have got my statement recorded, heard and is correct. Action may be taken.
Learned Counsel for the Petitioner has submitted that the Petitioner is in custody since 3.7.2010. No recovery is to be effected from him.
After hearing learned Counsel for the Petitioner, I am of the opinion that the instant petition deserves to be dismissed.
The offence alleged to have been committed by the Petitioner is serious in nature. The complainant was waylaid by the Petitioner and the Petitioner took the plastic bag from the complainant by pointing a knife at her and thereafter ran away with the bag. A perusal of the order passed by the learned Additional Sessions Judge, while declining the bail application filed by the Petitioner, reveals that the Petitioner is also involved in another FIR bearing No. 286 dated 22.6.2010 under Sections 382/392/411 IPC. Thus, the Petitioner is a habitual offender. No ground for grant of bail is made out.
Accordingly, this petition is dismissed.