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