IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP (M) Nos. 129, 130 and 131/2010 Date of decision: 26. 2. 2010 Cr.M.P.No. 129/2010 Kulwant Singh ….Petitioner Versus State of H.P. ……Respondent --------------------------------------------------------------------------------- Cr.M.P. (M) No.130/2010 Gurpreet Singh ….Petitioner Versus State of H.P. ……Respondent ------------------------------------------------------------------------------ Cr.M.P. (M) No. 131/2010 Lakhveer Singh ….Petitioner Versus State of H.P. ……Respondent Coram: The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 . For the Petitioenr: Mr. Satyan Viadya, Advocate. For the respondent : Mr. J.S. Rana, Assistant Advocate General. Surinder Singh (Oral) The above petitions arise from FIR No. 236 of 2009, dated 23.8.2009, registered under Section 302, 307, 120-B and 506 Indian Penal Code. Bail applications moved by the petitioners herein were dismissed by the learned Court of Sessions as such they 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes - 2 - approached this Court under Section 439 of the code of Criminal Procedure. In short, prosecution story is that on 23.8.2009 in the evening, Head Constable Manoj Kumar of the Traffic Wing was informed by the Incharge of Police Post Ranital that an accident had taken place in Dhudhni Bag near Ranital. He proceeded to the spot and saw a motor cycle bearing Registration No. PB-10-CB- 8805 lying on the road in an accidental condition and two persons lying in a badly injured condition and both were unconscious. They had the mobile telephones with them. Head Constable checked-up the same and ultimately was able to trace out their parents. He spoke to them and it was then he came to know that one of them was Daljinder Singh and other Sohan Singh. Both the injured were taken to R.P.G.M.C. Tanda at Kangra. Since their condition was precarious as such they were referred to P.G.I. Chandigarh. Daljinder Singh died at P.G.I., Chandigarh and Sohan Singh was taken by his parents to Ludhiana for his treatment. His mandible was badly damaged. He regained some of conscious after about 3-4 days but because of the fracture of his mandible, he could not speak. Initially police registered a case under Sections 279, 337 Indian Penal Code, - 3 - however, on 4.9.2009 when Sohan Singh was able to speak. He narrated the entire incident to the Police and got recorded his statement under Section 161 of the Code of Criminal Procedure wherein he specifically alleged that on 22.8.2009, petitioners were following them in their Indica car, met them at Mullapur (Punjab) and also tried to hit their motor cycle with their Indica Car which ensued in some quarrel and petitioners threatened them to kill. They left their Motor cycle with a Motor Mechanic as its sprocket required repair but Sarbjeet told them that petitioner again assault them again therefore, advised them to take his Hero Honda motor cycle to Chintpurni and Brajeshwari Temple where they had planed to go. He also stated that they Motor Cycle of Sarbjeet and Sarbjeet Singh was in constant touch on their mobile and was repeatedly asking about their whereabouts. On 23.8.2009, as per the case of the prosecution, petitioners were chasing the injured complainant and his deceased friend, in their Innova Car in the area of Himachal Pradesh. On the way around 7 p.m. when the complainant and the deceased were returning from Brajeshwari Temple, they saw Innova Car coming from Ranital side and on seeing them, petitioner’s vehicle hit their Innova Car with - 4 - their Motor Cycle, as a result of which they fell down and petitioners came out with sticks and gave severe beatings to them. Thereafter both injured fell unconscious and the accused petitioner fled away in their vehicle. In the mean time, a truck happened to cross from the site of occurrence. The truck driver saw besides a motor cycle two persons were lying unconscious with injury on their person. He informed Police Post Ranital. The Incharge of the Police Post contacted Head Constable Manoj Kumar of the Traffic Wing. He went to the spot and took injured to R.P.G.M.C. Tanda, as stated above. Prosecution has imputed motive to the petitioners that deceased Daljinder Singh was having an affair with a girl of village Bhundri, District Ludhiana (Punjab) which was not liked by Lakhveer Singh petitioner, who was also having some relations with her and that was an apple of contention between both the parties which created bed-blood between them and resulted into aforesaid incident. Prima facie, Keeping in view the entire complexion of the case and the manner in which the offence was committed also the fact that challan has been presented under Sections 302, 307 and 120-B Indian Penal code, in the Court, petitioners have no case for - 5 - bail. Accordingly their bail applications are dismissed. Any observation made hereinabove, shall not effect their case on merit. The petitions are accordingly disposed of. February 26, 2010 (Surinder Singh),J (cm)