Crl. Misc. No. M-19838 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-19838 of 2011 Date of Decision: 20.10.2011 Desa Singh ... Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI Present: Mr. Karnail Singh, Advocate, for the petitioner. Mr. J.S. Brar, Assistant Advocate General, Punjab. Mr. Nakul Sharma, Advocate, for the complainant. * * * * M.M.S. BEDI, J. (ORAL) Petitioner apprehends arrest in a case registered at the instance of complainant Sandeep Singh alleging that non-applicants Gurnam Singh, Balwant Singh and Sukhdev Singh and three unidentified persons had beaten his father resulting in his death. The complaint was originally registered under Section 302 IPC. Later on, inquiry was conducted by SP (D) Ferozepur and only Gurnam Singh and Balwant Singh were chargesheeted. The name of the petitioner was kept in column No. 2 alongwith Sukhdev Singh. The petitioner alongwith Sukhdev Singh has now been challaned by presenting a supplementary challan against them. Counsel for the petitioner has submitted that pursuant to the Crl. Misc. No. M-19838 of 2011 -2- interim order passed by this Court the petitioner has joined investigation and is appearing before the trial Court. Counsel for the complainant has intervened to argue that the present petitioner is specifically pointed to by the complainant, though he is not named. I have considered all the facts and circumstances of this case. The petitioner seems to be from the same village as that of the complainant. He is not specifically named by the complainant. A dual version arose regarding the occurrence on the basis of the inquiry conducted by SP (D) Ferozepur. Without expression of any opinion on merits of the case, it is sufficient to observe that the petitioner has appeared before the trial Court and challan has been presented against him. The petitioner has not been arrayed as an accused on the basis of any identification parade. It is debatable during trial as to how the complainant was not able to name the petitioner despite the fact that the petitioner was earlier known to the complainant. The interim order dated 15.07.2011 is hereby made absolute and it is ordered that the petitioner will furnish bail bonds/surety bonds to the satisfaction of the Committing/trial Court subject to the condition that the petitioner will continue to appear before the trial Court and will not absent himself without any sufficient cause. 20.10.2011 (M.M.S. BEDI) Amodh JUDGE