In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-20376 of 2010 (O&M) Date of decision: 21.7.2010 Sushil Kumar @ Sheelu ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Raman Gaur, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 438 dated 29.8.2009, under Sections 302, 303, 120-B, 212 of the Indian Penal Code and Section 25 of the Arms Act, 1959 registered at Police Station City Hansi District Hisar. Prosecution story, in brief, as per the FIR as reproduced in para 1 of the petition is as under:- “Statement of Nitu Gaba s/o Sh.Manohar Lal Gaba r/o H.No. 118/24 Durga Colony, Hansi aged 19 years. I am resident of above mentioned address and studying in BA 2nd year. Today at about 9.49 p.m. I Criminal Misc. No.M-20376 of 2010 (O&M) -2- received telephone of my uncle Inderjeet at my phone No.9253107520 informing me that he was standing outside the house and asked me to open the door. I got up from my room and opened the door in the street and after coming in my room I started studying. Then at about 10.02 p.m. I received phone of my aunt namely Pinky Gaba who had gone to Hisar. She instructed me to put the vegetables in the fridge and serve milk to uncle. At this I went to my uncle's room but found him nowhere. Thereafter, I went to the gallery where I found my uncle lying in front of the bathroom. A lot of blood was found nearby on the floor. At that time the light of the gallery was switched off. I went running to my grandfather Hari Chand s/o Sh.Kanshi Ram and narrated him the entire situation. Thereafter, both of us went to the gallery and switched on the light of the gallery and found cover of the pistol lying along side the wall near the motorcycle standing in the gallery. I have full suspicion that some unknown person had shot my uncle dead by firing a bullet on his head. Thereafter, I with the assistance of my grandfather and neighbours took my uncle Inderjeet to Civil Hospital, Hansi where he was declared dead. Hence, legal action be taken against the unknown person.” Criminal Misc. No.M-20376 of 2010 (O&M) -3- After hearing learned counsel for the petitioner, I am of the opinion that the instant petition deserves dismissal. A perusal of the order passed by the learned Additional Sessions Judge, while dismissing the bail application filed by the petitioner, reveals that the petitioner has been arrested in three cases. During investigation, it had transpired that the petitioner had conspired with his co-accused for commission of murder of Inderjit. Keeping in view the seriousness of allegations levelled against the petitioner, no ground for grant of bail is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE July 21, 2010 anita