CRM-M 12596 of 2009 1 In the High Court for the States of Punjab and Haryana at Chandigarh. CRM 23230 of 2009 and CRM-M 12596 of 2009 Decided on Sept 02,2009. Mahavir Verma -- Petitioner vs. State of Punjab --Respondent. CORAM:HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.P.K.Gupta,Advocate, for the petitioner Mr.K.D.Sachdeva, Addl.A.G.Punjab, for the respondent/State. Rakesh Kumar Jain, J: CRM No.23230 of 2009 Allowed as prayed for. CRM-M12596 of 2009 The petitioner has applied for anticipatory bail under Section 438 Cr.P.C. in case registered vide FIR No. 227 dated 15.10.2008 under Sections 302,148,149 IPC, and Section 25/54/59 of the Arms Act, at Police Station, Civil Lines, Patiala. The aforesaid FIR was registered at the instance of Aminder Singh son of Satnam Singh, who has alleged that he alongwith his elder brother Charam Pal Singh and his uncle's son Gurminder Singh came to witness the Youth Festival in Physical College, Patiala. There was item of CRM-M 12596 of 2009 2 Bhangra in which his uncle's son Randip Singh was performing. While they were standing behind the chairs in the ground, at about 1.00 p.m., Pushpinder Singh alias Tau son of Mehal Singh, Vikramjit Singh alias Vikky son of Joginder Singh, Gurjinder Singh alias Giani, Harpal Singh alias Pala, Jagga, Sunder Singh alias Sunder, Bhaga Singh and Buta Singh came there. On reaching there, Gurjinder Singh alias Giani, Vikramjit Singh alias Vikky raised lalkara. Harpal alias Pala and Bagga Singh alias Buta Singh caught hold of Charampal Singh from arms. Harpal Singh caught right arm and Bagga Singh caught left arm. When his brother tried to run away by getting his arms released from them, Pushpinder Singh alias Tau, withdrawing Pistol from his right dub, fired a shot which hit back side of left shoulder of his brother who fell down on the ground and became unconscious. Sunder Singh and Jagga gave leg and kick blow to his brother while he was lying on the ground. On seeing a group of other students coming towards them, they ran away. It is further alleged that they took their brother to the hospital in a private car but there he was declared brought dead. Before coming to this Court, the petitioner had applied for anticipatory bail which was dismissed by learned Sessions Judge, Patiala, on 28.4.2009 on the ground that the petitioner has already been declared proclaimed offender. Main argument of the learned counsel for the petitioner is that name of the petitioner is not Sunder Singh against whom non bailable warrants have been issued and regarding whom the order has been passed for declaring proclaimed offender. He further submits that co-accused Pushpinder, Gurjinder, Bagga Singh and Harpal Singh have been declared CRM-M 12596 of 2009 3 proclaimed offenders. On 4.6.2009, the petitioner was directed by this Court to appear before the Court of Chief Judicial Magistrate or Duty Magistrate, Patiala on 12.6.2009 and in case of his doing so, he was ordered to be released on interim bail. However, it was clarified that appearance of the petitioner before the Chief Judicial Magistrate or before the Investigating Agency, will not, in any manner, confer the right of grant of pre arrest bail at the time of final hearing of the case. During the course of hearing, Ashish Kapoor, D.S.P, City-II, Patiala,filed his affidavit dated 16.7.2009 in which he has stated that “after investigating the matter, it has been found that Mahavir Verma son of Jagdish Verma, resident of village Balbehra, District Patiala, is the same person named as Sunder Singh in the statement of complainant in the above said FIR and he was present at the time of occurrence”. In view of the aforesaid exceptional circumstances as per which the petitioner has been found to have actively participated in the commission of crime, in which Charam Pal Singh alias Pala has lost his life, I do not find it to be a fit case for grant of anticipatory bail. Hence the bail application is hereby dismissed. Sept 02,2009 (Rakesh Kumar Jain) RR Judge