In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-27194 of 2009 ..... Date of decision:8.1.2010 Jaibir .....Petitioner v. State of Haryana .....Respondent .... Present: Mr. Sanjiv Sheoran, Advocate for the petitioner. Mr. Pawan Singh, Assistant Advocate General, Haryana for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks regular bail in a case registered against him for the offences under Sections 302, 364, 201, 120-B, 219 and 34 IPC and Section 25 of the Arms Act, 1959. The FIR in the case has been registered on the statement of Jora Singh. According to the complainant one of his sons, namely, Surinder Singh was doing construction work at the house of one Bijender for the last five months prior to the occurrence. On 22.4.2009, Surinder Singh after completing his work for the day reached the liquor vend near the bus stand at about 9.30 p.m. He was coming home from the liquor vend. Jaibir (petitioner), who was on his motorcycle, offered to drop Surinder Singh. However, Jaibir (petitioner) took Surinder Singh to the liquor vend where Jaibir asked the salesman Jaswant Singh for chilled beer which was not available. Then Jaibir took Surinder Singh-the son of the complainant on Cr. Misc. No.M-27194 of 2009 [2] his motorcycle towards Julana. The son of the complainant did not return till late night. Then the complainant and his son Narinder who runs a Karyana shop searched for him in the village but they were unable to trace him. The complainant apprehends that on 22.4.2009 that is a day earlier to the registration of the FIR one `Dai' of the village, namely, Nirma, who had died was buried in the graveyard. Jaibir and his friends had tampered with the graveyard of Nirma on which Surinder Singh stated that they would be punished. On this account Jaibir and others had got annoyed and due to said reason they had abducted the son of the complainant with an intention to kill him. Initially, the FIR was registered for the offence under Section 364 IPC but thereafter the dead body of Surinder Singh was recovered and the offence under Section 302 IPC was added. The petitioner suffered a disclosure statement on the basis of which a country made pistol of .12 bore and cartridges were recovered. The petitioner is in custody since 27.4.2009. Learned counsel for the petitioner has submitted that the pistol that had been recovered was not used in the alleged occurrence, besides the dead body was recovered from another district. A reference has been made to the statement of Jora Singh (complainant) recorded in Court also. In response, learned counsel for the State has submitted that the petitioner is the main accused. It is submitted that the dead body was recovered from Village Barrhchhapar which is the adjoining village of Karela village where the petitioner and the complainant reside and Surinder Singh was also last seen there. Therefore, even if it is another district, it is nevertheless the adjoining village. Besides, it is submitted that the dead Cr. Misc. No.M-27194 of 2009 [3] body of Surinder Singh was recovered on pointing out the place of recovery by the petitioner. I have given my thoughtful consideration to the contentions of the learned counsel for the parties. The case is under trial. Twelve witnesses have been examined in the case and 8 remain to be examined. The case is fixed for evidence on 22.1.2010. The learned Sessions Judge in his order dated 15.9.2009 (Annexure-P.1) while declining bail to the petitioner has observed that he is the prime accused and he had taken Surinder Singh (deceased) on his motorcycle towards Julana and later the dead body of Surinder Singh was found in a burnt condition in the field of Village Barrhchhapar. Keeping in view the stage of the case and also the fact that the petitioner is stated to be the prime accused, no ground for grant of concession of bail is made out at this stage. The criminal miscellaneous petition is accordingly dismissed. January 8, 2010. (S.S. Saron) Judge *hsp*