High Court Punjab-Haryana High Court

Navjot @ Navi @ Bablu vs State Of Punjab on 3 December, 2009

Punjab-Haryana High Court
Navjot @ Navi @ Bablu vs State Of Punjab on 3 December, 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
              CHANDIGARH


                         Crl.Misc.No.M-27912 of 2009

                         Date of decision : 3.12.2009



Navjot @ Navi @ Bablu

                                              ....Petitioner
             Versus


State of Punjab

                                             ...Respondent

CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
                  ....

Present:   Mr. J.S.Dadwal, Advocate
           for the petitioner.

           Mr.Gaurav Garg Dhuriwala, AAG, Punjab
           for the State.

                        ....

MAHESH GROVER, J.

This is a petition under Section 439 of the Code of

Criminal Procedure for release of the petitioner in terms thereof in a

case registered vide FIR No.236 dated 23.10.2008 under Sections

302, 148, 149 IPC, at Police Station Salem Tabri, District Ludhiana.

The facts of the case are that complainant Ashok Kumar

suffered statement before the police on 23.10.2008 that his brother

Vijay Kumar along with his family was residing on rent in House

No.390, Mohalla Hira Nagar, Kakowal Road, Ludhiana and was

engaged in real estate business. On 13.9.2008 Mahi Pal, Ranjit Singh

and Gurdeep Singh, residents of Basant Vihar had a fight with Bablu,

Sonu, Baba Bindri, Monu Suniara, Ghessi and others at Mohalla
Crl.Misc.No.M-27912 of 2009 -2-

Basant Vihar Extension, Ludhiana regarding which a case was

registered at Police Station Salem Tabri, Ludhiana under Section 307

IPC. In that case his brother Vijay Kumar was the witness as he had

suffered a statement before the police and due to this reason the

accused were nursing a grudge against his brother. Naresh Bala,

mother of Sonu had also got marked an inquiry and SP (City-I) had

got served a notice upon his brother on 22.10.2008 to join the inquiry

and pursuant to said notice his brother had gone to attend the inquiry

on his motorcycle bearing registration No.PB-10-BF-8978 but

thereafter he never returned his home. Thereafter, he searched for his

brother at his own level and on receipt of some information he along

with his brother Rakesh Kumar went to the vacant plot situated near

fruit mandi and saw the dead body of his brother Vijay Kumar. There

were marks of injuries with sharp edged weapon on the dead body.

Mobile phone No.9814710997 was also missing. The complainant

also stated that he suspected that his brother Vijay Kumar was killed

by Bablu, Jasvir alias Baba Bindri, Monu Suniara and others. On the

basis of his statement a case under Section 302/34 IPC was registered.

It is contended by the learned counsel for the petitioner

that even though his named is mentioned in the FIR but the same has

been recorded only on the basis of suspicion. He further contended

that the complainant, who has already been examined as PW1, has

not supported the prosecution version and when subjected to cross-

examination by the prosecution he did not vary his statement.

On the other hand, learned counsel appearing for the State

of Punjab while opposing the prayer for bail of the petitioner has
Crl.Misc.No.M-27912 of 2009 -3-

stated that since the petitioner is involved in the commission of a

serious offence, he does not deserve the concession of bail.

After hearing the learned counsel for the parties, I am of

the opinion that the present petition deserves to be allowed

considering the fact that the complainant while appearing as PW1 has

not supported the case of the prosecution and also the fact that co-

accused of the petitioner have already been granted bail.

Consequently, the present petition is allowed and the

petitioner is directed to be released on bail under the provisions of

Section 439 Cr.P.C.

Bail to the satisfaction of Chief Judicial Magistrate/Duty

Magistrate, Ludhiana.

Nothing stated herein shall be construed to be an

expression on the merits of the case.

3.12.2009                                     (MAHESH GROVER)
                                                  JUDGE
dss