Crl.M.No.M-31943 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-31943 of 2010 (O&M) Date of Decision: January 14, 2011 Sukhram .....Petitioner v. The State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.A.K.Khunger, Advocate for the petitioner. Ms.Kavita Arora, AAG, Punjab. ..... RAM CHAND GUPTA, J.(Oral) The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.47 dated 21.6.2009, under Sections 302, 452, 323, 148, 149 IPC, registered at Police Station Kotbhai, District Muktsar. I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned Sessions Judge, Muktsar, vide which application of the petitioner for grant of regular bail was dismissed. This is the second application filed on behalf of the petitioner- accused. Earlier application for regular bail filed by the present petitioner as well as by co-accused-Anil Kumar was got dismissed as withdrawn after arguing on their behalf by their Counsel, vide order dated 27.5.2010, passed in Crl.M.No.M-6357 of 2010. Brief allegations are that petitioner alongwith co-accused entered the house of complainant-Parbati Devi on 21.6.2009, while armed with deadly weapons. Petitioner-accused was armed with Dang. They committed house trespass by opening the main gate of house of the complainant. They raised lalkara to teach a lesson for selling the pots on cheap rates. Co-accused-Harish caused injury on the right scapula region of Crl.M.No.M-31943 of 2010 (O&M) -2- Puran Singh, husband of the complainant, from the reverse side of his axe. Present petitioner accused gave a dang blow on the left biceps of Puran Ram. Co-accused Anita gave dang blow on the left elbow of Puran Ram. Bihari Lal gave danda blow on the litter finger of right hand of Puran Ram. Parmeshwari gave dang blow on the left leg of Puran Ram. However, when the complainant tried to rescue her husband, Puran Ram, Vidya gave dang blow on her head. Co-accused-Anita gave brick bat of mud blow on the right wrist of complainant. Co-accused Nirmala gave brick bat of mud blow on the left arm of complainant. Krishan Singh gave lalkara. Harish gave kulhari blow on the head of mother of the complainant, namely, Shanti- deceased, which proved fatal. Sukhram and Anil continued to cause injuries to the mother of complainant. Hence, it is contended by learned counsel for the petitioner-accused that he did not cause any injury to the deceased as only one injury was found on the person of the deceased, which has been attributed to co-accused-Harish. Further contends that it was a case of free fight and injuries were also received by petitioner-accused. However, bail application has been vehemently opposed by learned State counsel on the plea that participation of petitioner-accused is not disputed. She also contends that he while armed with dang entered the house of complainant alongwith co-accused and that all the accused in furtherance of their common intention caused injuries to deceased and to other injured. It is also contended that though no other injury was found on the person of the deceased, however, there are allegations that he caused injuries to the deceased as well as to the injured witnesses. Further contends that 16 out of the 17 witnesses have already been examined and hence, the case can be expedited. Further, it is contended that in view of serious allegations against the petitioner-accused, he is not entitled for concession of bail. Hence, in view of these facts and without expressing any opinion on the merits of the case, the present petition filed by petitioner- Sukhram for grant of regular bail is dismissed being devoid of any merit. However, learned trial Court is directed to expedite the trial as petitioner has been continuing in custody since June 2009 and efforts be made to conclude the trial within four months from the next date of hearing. Crl.M.No.M-31943 of 2010 (O&M) -3- Registry is directed to send copy of this order to learned trial Court for compliance. 14.1.2011 (Ram Chand Gupta) meenu Judge