IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. *** Crl.Misc. -M.No. 29411 of 2011 (O&M) Date of decision: November 28, 2011. *** Rajinder Singh alias Boby Versus State of Punjab *** CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL. *** Present: Shri D.S.Randhawa, Advocate, for the petitioner. Shri K.S.Pannu, Deputy Advocate General, Punjab. *** Rajesh Bindal, J The prayer in the present petition is for grant of bail pending trial in case FIR No. 26 dated 03.02.2010 under Sections 302/34 of the Indian Penal Code, registered at Police Station Sadar, Ludhiana. Learned counsel for the petitioner submitted that it is a case of blind murder. No one was named in the FIR. However, the police arrested three persons on the basis of information received from the secret informer that these persons were talking about the murder of Tarsem Singh while standing at Gill Railway Station, Ludhiana. They were also saying that the moment the petitioner also joins them, they will run away from the place. He further submitted that after the arrest of three accused, in their statements during custody, they had named the petitioner as one of the accused. The investigating officer had also recorded the statement of one Jaswant Singh on February 27, 2010 stating that the petitioner had made extra judicial confession before him. Further submission is that two of the co-accused, namely, Parminder Kumar and Sukhwinder Singh have -2- Crl. Misc.-M No. 29411 of 2011 already been released on bail as the challan against them was not presented within 90 days. He further submitted that there is no eye witness to the crime. Jaswant Singh before whom extra judicial confession was alleged to have been made by the petitioner has not been cited as a witness in the challan. The petitioner has been falsely implicated. He is in custody since 6.3.2010. It is further submitted that statement of only one prosecution witness has been recorded, till date. On the other hand, learned counsel for the State did not dispute the fact that Jaswant Singh before whom extra judicial confession has been made, has not been cited as a witness in the challan. He submitted that silver ring of the deceased was recovered from the petitioner and in addition to that there are statements of the co-accused, who were initially arrested on the basis of a secret information. He submitted that considering the aforesaid facts, the petitioner does not deserve November 29 concession of bail. After hearing learned counsel for the parties and considering the fact that it was a case of blind murder; the material which is sought to be relied upon against the petitioner is that some other person had named the petitioner while in police custody as one of their accomplice; Jaswant Singh before whom extra judicial confession was made by the petitioner, has not been cited as a witness by the prosecution, in my opinion the petitioner deserves the concession of bail pending trial. He is ordered to be released on his furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate / Duty Magistrate, Ludhiana. The petition stands disposed of. (Rajesh Bindal) November 28, 2011 Judge Malik