Crl. Misc. No. M-7275 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-7275 of 2010 (O&M) Date of decision: July 12, 2010 Rajinder Singh ...Petitioner Versus State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Ms. GK Mann, Advocate, for the petitioner. Mr. Raghbir Chaudhary, Sr. DAG, Punjab. GURDEV SINGH, J. Heard. Petitioner-Rajinder Singh @ Raju has filed this petition under Section 439 of the Criminal Procedure Code, for releasing him on bail for the offences under Sections 302 and 201 IPC, in respect of which FIR No. 243 dated 20.12.2008 was registered in Police Station Beas, District Amritsar, and for which he is standing his trial before the Sessions Judge, Amritsar. As already observed in the order dated 13.5.2010, the prosecution is relying upon the circumstantial evidence against the present petitioner, which consists of last seen theory and extra judicial confession. On the previous date, adjournment was granted as Kuljit Singh, before whom the petitioner is alleged to have made extra-judicial confession, had still not been examined by the trial court. Now he has been examined and certified copy of his statement has been placed on record. He has fully supported the prosecution case in the court. It is not disputed that Rattan Singh is the Crl. Misc. No. M-7275 of 2010 2 witness of last seen theory, who has also supported the prosecution case in the court. There may not be any direct evidence against the petitioner but the conviction can be recorded even on circumstantial evidence, if found trustworthy and reliable. At this stage, it can be concluded that from the evidence collected during the investigation that there are reasonable grounds for believing that the petitioner committed the above said offence. Keeping in view the nature and gravity of the offence, I do not find any ground to release the petitioner on bail. Dismissed. However, the observations made above shall not be treated as an expression of opinion on the merits of the case. July 12, 2010 (GURDEV SINGH ) prem JUDGE