Criminal Misc. No. M-6172 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-6172 of 2011 Date of decision: 02.06.2011 Kulbir Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. D.S. Pheruman, Advocate for the petitioner. Mr.Shilesh Gupta, DAG, Punjab. Rajan Gupta, J. This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioner under Sections 302/34 IPC vide FIR No. 103 dated 07.09.2010 at Police Station Voltoha, District Tarn Taran. Learned counsel for the petitioner has argued that there is no evidence on record to connect the petitioner with the crime. He submits that name of the petitioner did not figure in the initial version recorded by the complainant. However, his role figured in the supplementary statement recorded by the investigating agency. Learned counsel emphasized that petitioner was found innocent during investigation and discharge application was also moved but was not accepted. Criminal Misc. No. M-6172 of 2011 2 Learned State counsel has opposed the prayer for bail. He submits that two eye-witnesses namely Saraj Singh and Gurmukh Singh had clearly named the petitioner of having actively participated in the commission of crime. He further submitted that material prosecution witnesses are yet to be examined in the case and thus petitioner does not deserves the concession of bail. I have heard learned counsel for the parties. It is evident that in the supplementary statement of complainant (Saraj Singh) recorded by the police clear cut role has been assigned to the petitioner. He submitted that earlier he had not named the petitioner in his statement as he was under great stress due to murder of his mother. He had only named Major Singh at that time. However, at the time of occurrence, Kulbir Singh (petitioner) and another person Aman Peter was also present. The petitioner was armed with dagger and caused many injuries to his mother on the forehead while she was sleeping. He also hit her from the handle of the dagger on the left side of neck. In view of nature of allegations, magnitude of crime and the fact that material prosecution witnesses have not been examined till now, I am of the considered view that petitioner is not entitled to concession of bail. The petition is devoid of merit and is hereby dismissed. June 02, 2011 (RAJAN GUPTA) AJAY JUDGE