Crl.M.No. M-18516 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-18516 of 2011 (O&M) Date of decision : 15.7.2011 ... Gurdev Singh ................Petitioner vs. State of Punjab .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. P.S. Dhaliwal, Advocate for the petitioner Sh. Ajaib Singh, Additional Advocate General, Punjab. Sh. A.S. Barnala, Advocate for the complainant. ... K.C. Puri, J. Gurdev Singh s/o Jarnail Singh @ Karnail Singh has applied for grant of anticipatory bail in FIR No. 85 dated 25.6.2010 under Section 302/34 IPC, registered at Police Station Tapa, District Barnala. As per allegation of the prosecution, Jassa Singh made a statement in which it is alleged that his father Gurdial Singh was present outside the house. At about 10.00 P.M. it started raining and he and his brother Karamjit Singh came out of the house and sat at the door. In the meantime, their father started clearing the grass out Crl.M.No. M-18516 of 2011 -2- of the drain to facilitate the smooth flow of water. Jarnail Singh @ Karnail Singh s/o Sunder Singh armed with Kasia, his son Sukhdev Singh @ Sukha armed with Ghop and Gurdev Singh armed with Gandasi came there. At that time light of inverter was there. All of three started abusing father of the complainant. On hearing the noise, they came out. Jarnail Singh gave Kasia blow on the back side of head of his father. Sukhdev Singh gave Ghop blow on the left lip of his father and Gurdev Singh gave straight Gandasi blow due to which his father fell down on the earth from mouth side. Then Jarnail Singh @ Karnail Singh gave Kasia blow to his father on the mouth when he was lying on the earth, which hit on his left side. On this, they and their father raised raula Marta Marta. The above said three persons ran away from the spot alongwith their respective weapons. During investigation, Gurdev Singh and Sukhdev Singh were declared innocent and the accused-petitioner, vide Crl.M.No. 36561 of 2011, has placed on file Inquiry Report of a team of Police Officers consisting of Mukhtiar Singh, Deputy Superintendent of Police, Tapa, Swaran Singh Khanna, Deputy Superintendent of Police (D) and Balraj Singh, Superintendent of Police Local. Learned counsel for the petitioner has submitted that petitioner Gurdev Singh has been declared innocent and has been summoned under Section 319 Cr.P.C. So, in view of judgment dated 3.6.2011 passed by this Court in Crl. M.No. M-6182 of 2011 titled as 'Baljinder Singh @ Sabi and another vs. State of Punjab, the petitioner is entitled to the concession of anticipatory bail. The said prayer has been opposed by counsel for the Crl.M.No. M-18516 of 2011 -3- complainant. I have given my thoughtful consideration to the rival submissions made by counsel for both the sides and have also gone through the record of the case. As per allegation made in the FIR, the petitioner was armed with Gandasi and he gave Gandasi blow on the person of the deceased. The basis for declaring the petitioner as innocent by the police officers, is not clear from the record. The weapon of offence is yet to be recoverd. The offence is punishable with death penalty. So far as judgment rendered in Baljinder Singh @ Sabi's case Supra is concerned, in that case the role attributed to the petitioner in that case has not been mentioned. In the present case, petitioner has taken active part in the occurrence. So, no ground for grant of anticipatory bail is made out. Consequently, the petition stands dismissed. ( K.C. Puri ) 15.7.2011 Judge chugh