IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-29945 of 2010 Date of decision : 17.01.2011 Sandeep Kumar .....Petitioner Versus State of Punjab ....Respondent Present: Mr. K.S.Dhaliwal, Advocate for the petitioner. Mr. V.P.S.Sidhu, A.A.G., Punjab. ****** S.S.Saron, J. Heard counsel for the parties. The petitioner namely Sandeep Kumar seeks regular bail in a case registered against him on 01.10.2009 for the offences under Sections 302, 341, 326, 148 and 149 of the Indian Penal Code, registered at Police Station Narot Jaimal Singh, District Gurdaspur. The FIR in the case has been registered on the statement of Deepak Singh, brother of the deceased Sandeep Singh. In the incident, that occurred on 01.10.2009 at about 8:30 P.M., the complainant Deepak Singh along with his brother Sandeep Singh (deceased) were coming on a tractor from Village Sahoda Kalan to Village Nangal Chaudharia. A friend Vikrant Singh @ Vicky was also coming along with them. He was riding on a motorcycle and was going towards Village Nangal Chaudharia. When they reached near the turn on the main road, lights of the tractor were on. At that time, Ramesh Kumar @ Rana armed with Kirch, Bamba armed with Kirpan, Sandeep Kumar (petitioner) armed with Kirpan, Dalip Kumar armed with Datar, Criminal Misc. No.M-29945 of 2010 -2- Amandeep Singh armed with Gandasi, Hari Kishan armed with a Baseball bat, Tarsem Singh armed with Datar, Ghuga armed with Datar and 10-15 unknown persons were already there. The unidentified persons could be identified if brought before the complainant. All the said persons stopped the tractor of the complainant. Vikrant and Saba stopped their motorcycle near them. Kewal Singh Kang raised a lalkara to catch hold of the complainant. The brother of the complainant get down from the tractor in fear and tried to run towards the fields, then Ramesh Kumar @ Rana gave a Kirch blow on the brother of the complainant which hit on his back on the left side. Sandeep Singh, brother of the complainant, fell on the ground. When the brother of the complainant was on the ground, Baba gave a Kirpan blow, which hit on the finger of the left foot of Sandeep Singh. The complainant went forward to save his brother then Sandeep Kumar (petitioner) gave a Kirpan blow on the left cheek of the complainant. Friends of the complainant namely Vikrant and Baba came forward to save the complainant side, then Dalip Kumar, Hari Kishan and Chetan inflicted serious injuries to Vikrant with their respective weapons. While the assailants inflicted the injuries, the other assailants surrounded them and were raising lalkara and abusing them. They also over turned turtle the Mahindra tractor of the complainant. The complainant raised an alarm of “Bachao Bachao”. A few passersby stopped at the spot and all the assailants ran away from the spot with their respective weapons. After sometime, Rahul, nephew of the complainant, along with his family came at the spot and they rushed the complainant side to the Civil Hospital, Pathankot after arranging a vehicle. The complainant and his Criminal Misc. No.M-29945 of 2010 -3- friend Vikrant were given first aid and Sandeep Singh, brother of the complainant, was declared dead. Vikrant was referred to D.M.C., Ludhiana. The reason for the grudge was that a few days ago, the complainant had an argument with Ramesh Kumar @ Rana because Ramesh Kumar @ Rana had misbehaved with the sister of his friend Sushil and he had scolded Ramesh Kumar. He had a grudge for this, therefore, the murder of Sandeep Singh had been committed. The petitioner is one of the persons, who was involved in the occurrence and he is attributed to have caused a specific injury on the cheek of the complainant Deepak Singh. The said injury was grievous in nature and is stated to have been caused when the complainant went forward to save his brother. At that time, Sandeep Kumar (petitioner) gave a Kirpan blow on the left cheek of the complainant. The petitioner is in custody since 02.10.2009. The police did not send three of the accused namely Kewal Singh, Tarsem Singh and Prem Singh @ Kuga for trial. Kewal Singh has been summoned under Section 319 Cr.P.C., however, he has been granted anticipatory bail by this Court. Keeping in view the role attributed to the petitioner in the incident in which the death of Sandeep Singh had occurred, no ground for grant of concession of bail is made out at this stage. Accordingly, the present petition is dismissed at this stage. January 17, 2011 (S.S.SARON) Gagan JUDGE