In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-17365 of 2011 ..... Date of decision:3.6.2011 Lakhvir Singh alias Lakhi .....Petitioner v. State of Punjab and another .....Respondents .... Present: Mr. Randeep Singh Rana, Advocate for the petitioner. Mr. V.P.S. Sidhu, Assistant Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. The petitioner Lakhvir Singh alias Lakhi seeks pre-arrest bail in criminal complaint No.49 /2004 dated 19.7.2008 (Annexure-P.1) Amandeep Singh v. Lakhvir Singh etc. pending in the Court of Judicial Magistrate, Khanna. Now the petitioner has been summoned for the offences under Sections 302, 364 and 120-B Indian Penal Code. It is alleged by the complainant Amandeep Singh (respondent No.2) in his complaint (Annexure-P.1) that he (Amandeep Singh) has another brother Gurpreet Singh alias Gura. The said brother Gurpreet Singh alias Gura had been missing from Khanna since 15.4.2007. Gurpreet Singh alias Gura had gone to Khanna for some domestic work but he did not return home on 15.4.2007. After searching for Gurpreet Singh and making inquiry from his relatives and friends he could not be traced, therefore, on Cr. Misc. No.M-17365 of 2011 [2] 19.4.2007 DDR No.20 was lodged at Police Station Sadar, Khanna. Thereafter, also search was made for Gurpreet Singh alias Gura. Ultimately, on 28.4.2007 the dead body of Gurpreet Singh alias Gura was found near the canal bridge in the area of Police Station Garhi, District Kaithal. At that time, the complainant approached Zoga Singh son of Nirmal Singh. The complainant went to inform the Police while Zoga Singh remained at the spot. Thereafter, post-mortem of the dead body was conducted on 28.4.2007 at Rajindra Hospital, Patiala. The cause of death was declared by the doctor to be due to cutting throat and head injury. Therefore, according to the complainant, the death was result of violence; besides, viscera was sent for chemical examination. Thereafter, FIR No.99 was registered on 2.5.2007 (Annexure-P.2) for the offences under Sections 302, 201, 120-B and 34 Indian Penal Code. Gurpreet Singh alias Gura (deceased) was last seen by Baljinder Singh son of Darshan Singh resident of Bhari and Gurpreet Singh son of Sukhdev Singh resident of Dharam Pura Mohalla, Khanna at the Railway crossing, Lalheri road, Khanna on 15.4.2007. At that time, Gurpreet Singh alias Gura was sitting on a scooter in the middle between Lakhvir Singh alias Lakhi (petitioner) and Gurpreet Singh alias Shanty. The said fact was disclosed to the complainant by Baljinder Singh son of Darshan Singh and Gurpreet Singh son of Sukhdev Singh. The complainant was sure that his brother was kidnapped and thereafter murdered by Lakhvir Singh alias Lakhi and Gurpreet Singh alias Shanty and with a view to destroy the evidence the dead body was thrown in the Bhakra canal. It is alleged that Gurpreet Singh alias Gura (deceased) had illicit relations with Cr. Misc. No.M-17365 of 2011 [3] Lakhbir Kaur who is the real sister of Gurpreet Singh alias Shanty. Since Lakhbir Kaur, sister of Gurpreet Singh alias Shanty had illicit relations with Gurpreet Singh alias Gura (deceased), Lakhvir Singh alias Lakhi (petitioner) and Gurpreet Singh alias Shanty had murdered him. In the FIR No.99 dated 2.5.2007 (Annexure-P.2) that was registered, a cancellation report dated 28.12.2009 (Annexure-P.3) was filed. It was found that from secret sources and by carrying out extensive investigation, no proof of murder of Gurpreet Singh alias Gura could be found. Accordingly an untraced report was filed. The learned Judicial Magistrate Ist Class, Khanna, however, vide order dated 27.5.2010 (Annexure-P.4) did not accept the cancellation report (Annexure-P.3). Rather, sufficient ground was found that the deceased Gurpreet Singh alias Gura had been murdered. Accordingly, the accused Gurpreet Singh alias Shanty, Lakhvir Singh alias Lakhi (petitioner) and Lakhbir Kaur were summoned in terms of the aforesaid order dated 27.5.2010 (Annexure-P.4). The petitioner earlier filed Criminal Misc. No.M-37278 of 2010 for grant of pre-arrest bail, however, vide order dated 5.1.2011 (Annexure- P.5) he was asked in the first instance to approach the Court of Session for the grant of necessary relief. The learned Additional Sessions Judge, Ludhiana vide his order dated 13.4.2011 (Annexure-P.6) has declined pre- arrest bail to the petitioner. Therefore, the petitioner has filed the present petition seeking pre-arrest bail. After hearing learned counsel for the petitioner and perusing the record, it may be noticed that the present is a case where there are allegations that Gurpreet Singh alias Gura has been murdered by the Cr. Misc. No.M-17365 of 2011 [4] petitioner and his co-accused Gurpreet Singh alias Shanty. The sister of Gurpreet Singh alias Shanty, namely, Lakhbir Kaur, it is alleged, had relations with Gurpreet Singh alias Gura (deceased). The petitioner was last seen by Baljinder Singh son of Darshan Singh and Gurpreet Singh son of Sukhdev Singh. The learned Judicial Magistrate Ist Class, Khanna vide his order dated 27.5.2010 (Annexure-P.4) has found sufficient evidence to summon the petitioners in the Police case that has been registered on the basis of FIR No.99 dated 2.5.2007 (Annexure-P.2). Keeping in view the nature of allegations and the offences under Sections 302, 364, 201, 34 and 120-B IPC, it would be inexpedient to grant the concession of pre-arrest bail. However, it may be noticed that Gurpreet Singh alias Gura (deceased) had been missing since 18.4.2007. Therefore, in the facts and circumstances, it would be just and expedient that the petitioner surrenders before the Court of Judicial Magistrate Ist Class, Khanna and in the meantime files an application for regular bail before the concerned Court and till such time the said application is disposed of, he is admitted to interim bail. Accordingly, the criminal miscellaneous petition is disposed of with the direction that in case the petitioner surrenders before the Court of Judicial Magistrate Ist Class, Khanna within five days of the receipt of the copy of the order and files an application for regular bail before the concerned Court, his application for regular bail shall be considered by the said Court in accordance with law and till such consideration the petitioner shall be admitted to interim bail. Nothing stated or observed herein shall be taken as an Cr. Misc. No.M-17365 of 2011 [5] expression of opinion on the merits of the case and the learned Court shall consider the evidence and material as available on record before it and uninfluenced by any observation made herein. June 3, 2011. (S.S. Saron) Judge *hsp*