In the High Court of Punjab and Haryana at Chandigarh
......
Criminal Misc.-M No.281 of 2009
.....
Date of decision:12.1.2009
Hemant Sandhu alias Lucky Katta and another
.....Petitioners
v.
State of Punjab
.....Respondent
....
Present: Mr. Vipin Mahajan, Advocate for the petitioners.
.....
S.S. Saron, J.
Heard learned counsel for the petitioners.
The petitioners seek pre-arrest bail in the case registered
against him for the offences under Sections 304, 341, 148 and 149 IPC. As
per allegations in the FIR (Annexure-P.1) which is registered on the
statement of complainant Balwinder Singh, the petitioners along with other
co-accused stopped the rickshaw of the complainant on 29.9.2008 at 4.30
p.m. They then started giving slaps and dragged the complainant to the
ground. The father of the complainant, namely, Jaswant Singh (deceased)
got down from the rickshaw while the petitioner gave him fist blows.
Jaswant Singh thereafter died.
Learned counsel for the petitioners contend that the death of
Jaswant Singh is on account of cardiac arrest. Keeping in view the nature of
allegations and the assault, no ground for anticipatory bail is made out. This
is more so for the reason that application for grant of anticipatory bail of the
co-accused Gaurav Kumar (Criminal Misc.-M No.33173 of 2008) and that
Cr. Misc.-M No.281 of 2009
[2]
of Jaswant Singh (Criminal Misc.-M No.33298 of 2008) have been
dismissed by this Court vide orders dated 17.12.2008 and 24.12.2008
respectively. In the order declining bail to Gaurav Kumar, it was submitted
by learned counsel for the petitioner that the petitioner shall surrender
before the appropriate Court and move an application for regular bail and an
order was passed in that case that after surrender of the petitioner therein,
the trial Court shall dispose of the application for the grant of regular bail
expeditiously but on merits and after due notice to the State counsel.
Learned counsel for the petitioners prays that the same be
ordered in the present case as well.
After giving my thoughtful consideration to the matter, no
ground for grant of pre-arrest bail is made out and the application is
dismissed. However, in case the petitioners surrenders and make an
application for grant of regular bail, the same shall be disposed of
expeditiously by the concerned Court on merit and after due notice to the
State.
January 12, 2009. (S.S. Saron)
Judge
*hsp*