CRM-M No. 34042 of 2010 Gurtej Singh vs. State of Punjab and others Present: Mr.Rajbir Singh , Advocate for the petitioner. *** This is a petition for cancellation of bail granted to respondents No. 2 and 3 in case bearing FIR No. 110 dated 01.09.2010, under Sections 304-A/279/337/338/427 IPC, later on converted into one under Sections 302/307/427/34 IPC, Police Station Dirba, District Sangrur. The learned trial Court(who granted bail) noticed that in the contemporaneous FIR lodged by the father of the injured the allegation was that he was accompanying his son and his son's friend who were on a motor cycle while he was on a scooter when a car, having been driven rashly and negligently, came from the opposite side and hit against the motor cycle causing death of the friend of his son while his son was critically injured. On the next day the injured made a totally different statement to the police saying that while they were travelling they saw the accused who were standing along with their truck who raised a Lalkara that they would do him to death and then the accused followed them on the truck and ran over the motor cycle. In view of these totally divergent stands the learned trial Court exercised the discretion of granting bail to the accused persons. Learned counsel for the petitioner has argued that bail was granted in a case under Section 302 IPC within 27 days. He has also placed reliance on the confessional statement alleged to have been made by the accused persons. I find that these factors have been considered by the learned trial Court. I am not convinced that the reasoning given by the learned trial Court is either palpably perverse or even arguably arbitrary. Consequently this petition is dismissed. ( AJAY TEWARI ) JUDGE January 13, 2011 sunita