Crl. Misc. No. M-11478 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) Crl. Misc. No. M-11478 of 2010 (O&M) Karamjit Kaur ...Petitioner Versus State of Punjab ...Respondent (2) Crl. Misc. No. M-12762 of 2010 (O&M) Date of Decision: 9.7.2010 Balbir Dass @ Bira @ Kashmir Dass ...Petitioner Versus State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Harsh Aggarwal, Advocate, for the petitioners. Mr. AS Brar, Sr. DAG, Punjab. GURDEV SINGH, J. Heard. The above noted petitions under Section 439 of the Criminal Procedure Code have been filed by Karamjit Kaur and Balbir Dass @ Bira @ Kashmir Dass, for releasing them on regular bail for the offences under Sections 302 and 120B IPC, in respect of which FIR No. 67 dated 27.9.2008 was registered at Police Station Bareta, District Mansa, and for which they are standing their trial before the Sessions Judge, Mansa, on the ground that they have been falsely implicated. They have contended therein that there is a delay in lodging the FIR, which has not been explained; it was a blind murder; they were not named in the FIR and it was Gurcharan Dass Crl. Misc. No. M-11478 of 2010 2 @ Janta, Billu Dass @ Birbal Dass, who were named as such. Those accused had the suspicion that Bhan Dass deceased had illicit relation with Karamaljit Kaur-petitioner. The FIR was got lodged by Jasbir Kaur sister-in-law of Bhan Singh deceased, who had found that the murder of the deceased had taken place. She also narrated in the FIR that she had the doubt that the deceased had been murdered by Janta @ Gurcharan Dass, Billu Dass @ Birbal Dass as a quarrel had taken place between them regarding the turn of the water and Janta Dass had given a blow with a spade on the right arm of her husband. The prosecution is relying upon the extra-judicial confession allegedly made by Balbir Dass before Ami Chand, Statement of Bura Dass, who had seen Balbir Dass-petitioner coming from the side of the house of the deceased Bhan Dass with a spade stained with blood and the telephone calls made by the petitioners to each other, immediately before the present occurrence. Statements of the above said witnesses have already been recorded during the trial. They have supported the prosecution case. How much reliance is to be placed thereupon is to be seen by the trial court. Suffice is to say that Ami Chand had made a statement to the effect that he had illicit relation with Karamjit Kaur and both of them committed the murder of deceased Bhan Dass. Bura Dass had made a statement to the effect that on the night of occurrence he had seen Balbir Dass passing by his side, while carrying a spade. During the post-mortem examination, three injuries were found on the dead body of the deceased, which were found to be the result of a sharp edged weapon. It has been submitted by the learned State counsel that all the Crl. Misc. No. M-11478 of 2010 3 prosecution witnesses, except one, have already been examined by the trial court. At this stage, when the prosecution witnesses have supported the prosecution case in the court, I do not find any ground to release the petitioners on bail, who are being tried for the heinous crime of murder. The petitions are dismissed accordingly. July 9, 2010 (GURDEV SINGH ) prem JUDGE