CRM-M-31464 of 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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Crl. Misc. No.56990 of 2009 and
CRM-M-31464 of 2009
DATE OF DECISION: 10.11.2009
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Bogh singh @ Bogha Singh and another . . . . Petitioners
VS.
The State of Punjab . . . . Respondent
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CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.R.K. Handa, Advocate for the applicants/petitioners.
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RAKESH KUMAR JAIN J. (ORAL)
Crl. Misc. No.56990 of 2009
Allowed as prayed for.
CRM-M-31464 of 2009
This is a petition under Section 438 of the Code of Criminal
Procedure, 1973 (for short ‘Cr.P.C.’) for grant of pre-arrest bail to the
petitioners in case FIR No.91 dated 16.8.2008 registered under
Sections 302, 450 of the Indian Penal Code (for short ‘IPC’) at Police
Station Boha, District Mansa.
Learned counsel for the petitioners has submitted that the
petitioners have been summoned under Section 319 of the Cr.P.C. on
the statement of the complainant, when he appeared as PW-1. It is
also submitted that before approaching this Court, petitioners had
applied for pre-arrest bail before the Court below, which has been
dismissed by Sessions Judge, Mansa vide his order dated 29.10.2009.
Learned counsel for the petitioners has further submitted that the
complainant has taken as somersault as initially he had levelled
CRM-M-31464 of 2009 -2-
allegations against Atma Ram and now he has levelled allegations
against the petitioners. He has also submitted that the purpose of
Section 319 Cr.P.C. is to secure the presence of the petitioners, for
which they are ready to appear before the Court below.
After hearing learned counsel for the petitioners and
keeping in view the facts and circumstances of the case, I found that
petitioner No.1, while appearing as PW-1, has specifically stated that
“There was light of electric bulb. At about 10.00 PM Bogha Singh
armed with Takua and Bhola Singh armed with a Ghop came to our
courtyard through the broken gate of house. I woke up on hearing the
noise. Bogha singh gave 2/3 Kulhari blows again said Takua blows on
the right side of head of my son Sukhwinder Singh while he was lying
on the cot. Bhola Singh gave Ghop blow on the left side of forehead
above the eye. Thereafter both the accused inflicted more blows to my
son Sukhwinder Singh. I and my wife raised alarm. Both these
accused threatened us that we would also have the same consequences
if raised alarm and out of fear I and my wife keep quite. After killing
my son Bogha Singh and Bhola Singh ran away with their weapons.”
In view of the specific allegations against the petitioners
and keeping in view the gravity of the offence, I am not inclined to
grant pre-arrest bail to the petitioners. Hence, the present petition is
hereby dismissed.
It is, however, made clear that any observation made
hereinabove shall not be construed to be an expression of opinion on
the merits of the case.
(RAKESH KUMAR JAIN)
NOVEMBER 10, 2009 JUDGE
vivek