Criminal Misc. No.M-4334 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No.M-4334 of 2009 (O&M) Date of Decision:16.02.2009 Gurdial Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. D.S. Pheruman, Advocate for the petitioner. **** JUDGMENT HARBANS LAL, J. This petition has been moved by Gurdial Singh under Section 439 of the Code of Criminal Procedure seeking his regular bail in case FIR No.17 dated 15.3.2008 registered under Section 302 IPC at Police Station Purana Shalla, District Gurdaspur, Punjab. The facts in brief are that the FIR was registered on the basis of the statement of Ayodhya Kumari stating that her marriage was solemnised with the accused Gurdial Singh about 13/14 years back and two children were born from their wedlock. After marriage, he used to maltreat her under the influence of liquor. She was residing in a rented house owned by Joginder Singh. On 14.3.2008, her husband Gurdial Singh came under the influence of liquor and sprinkled petrol on her and set her on fire with the help of match-sticks and, thereafter, he decamped from the spot on his scooter. Her body caught fire. On being raised hue and cry, she was admitted to Civil Hospital, Gurdaspur. Criminal Misc. No.M-4334 of 2009 (O&M) -2- I have heard the learned counsel for the petitioner, besides perusing the record with due care and circumspection. The dying declaration was jotted down by Mr. Rakesh Kumar, Additional Chief Judicial Magistrate, Gurdaspur containing the above allegations. Axiomatically, the deceased has named the petitioner in her dying declaration. Firstly, in view of the gravity of offence, the concession of bail ought not to be bestowed upon the petitioner. Secondly, if he is admitted to bail, he may abscond or tamper with the prosecution evidence. That being so, prima facie no case is made out for grant of bail. Sequelly, this petition is dismissed. February 16, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No