Crl. Misc. No. M-29068 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-29068 of 2010 (O&M) Date of Decision : October 7, 2010 Lakhi Ram ........Petitioner Versus State of Haryana .......Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Rajesh Khandelwal, Advocate, for the petitioner. SABINA, J. Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.247 dated 8.10.2009 under Sections 302/307/34 of Indian Penal Code (in short 'IPC') (earlier registered under Sections 304/308/34 of IPC but later on converted into 302/307/34 IPC) registered at Police Station Sadar, Tohana, District Fatehabad. The contents of the FIR as reproduced in para 2 of the petition read as under :- “Stated that I am resident of above given address and practicing an as Advocate in Civil Court, Tohana. Today on dated 7.10.09 at about 7 ½ p.m., I and Ropp Singh son of Sucha Singh, Banarsi s/o Mukand Ram, Caste Saini, resident of Jamalpur were standing on Bus Stand in front of shop of Giana son of Narayana Ram and were talking and at some distance in front of a shop Anil son of Jarnail Singh, Bansi son of Labh Singh, caste Saini r/o Jamalpur Shekhan were talking to each other. In Crl. Misc. No. M-29068 of 2010 (O&M) 2 the meantime, a Tractor HMT coloured yellow bearing No.HR-23B/2157 came from Village Ankawali side, which being driven by Godhar son of Mohan, Caste Chamar, r/o village Jamalpur Shkhan and Lakhi s/o Santu Chamar resident of village was sitting on the adjoining seat. Godhar and Lakhi were coming by extending the threats that Anil Kumar be taught a lesson for doing insult on that day and eliminate him. While we were looking, Godhar severed his tractor along with trolley behind it towards the shop of one Chander Bhan where Anil and Bansi were standing and both of whom were thus run over and died at the spot. When Binda Ram son of Labh Singh tried to run away, he also tried to run over the tractor upon them but he jumped aside, due to which Binda Ram also sustained injuries. Gurdge behind the occurrence is that about 10 days before Godhar had asked Anil for lifting the earth by his JCB Machine, but Anil did not consider any benefit in the dealing which was done by Godhar himself and Anil said that I have not seen any benefit in it, therefore, I cannot work by my machine there. Godhar said that I have promised and you will have to do this work and altercation took place between them and Godhar also gave slap-fist blow to Anil and said that you have insulted me by denying the dealing and I will kill you if you again met me. Due to this grudge only, today Godhar in connivance with Lakhi run over the tractor upon Anil, Bansi and Binda Ram to kill them and have murdered them. Crl. Misc. No. M-29068 of 2010 (O&M) 3 Statement has been got recorded, read over to me and is correct. Sd/- Kulwinder Kumar.” Learned counsel for the petitioner has submitted that the petitioner is in custody for the last one year and is attributed only a lalkara. After hearing the learned counsel for the petitioner I am of the opinion that no ground for grant of bail to the petitioner is made out. It is a case of double murder and one person has suffered injuries. The allegations levelled against the petitioner are serious in nature. Petitioner was allegedly sitting on the tractor which was being driven by Godhar co-accused at the time of the alleged occurrence. No ground for grant of bail to the petitioner is made out. Dismissed. (SABINA) October 7, 2010 JUDGE Anand