CRM-M-31464 of 2009 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Crl. Misc. No.56990 of 2009 and CRM-M-31464 of 2009 DATE OF DECISION: 10.11.2009 **** Bogh singh @ Bogha Singh and another . . . . Petitioners VS. The State of Punjab . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.R.K. Handa, Advocate for the applicants/petitioners. **** RAKESH KUMAR JAIN J. (ORAL) Crl. Misc. No.56990 of 2009 Allowed as prayed for. CRM-M-31464 of 2009 This is a petition under Section 438 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) for grant of pre-arrest bail to the petitioners in case FIR No.91 dated 16.8.2008 registered under Sections 302, 450 of the Indian Penal Code (for short ‘IPC’) at Police Station Boha, District Mansa. Learned counsel for the petitioners has submitted that the petitioners have been summoned under Section 319 of the Cr.P.C. on the statement of the complainant, when he appeared as PW-1. It is also submitted that before approaching this Court, petitioners had applied for pre-arrest bail before the Court below, which has been dismissed by Sessions Judge, Mansa vide his order dated 29.10.2009. Learned counsel for the petitioners has further submitted that the complainant has taken as somersault as initially he had levelled CRM-M-31464 of 2009 - 2 - allegations against Atma Ram and now he has levelled allegations against the petitioners. He has also submitted that the purpose of Section 319 Cr.P.C. is to secure the presence of the petitioners, for which they are ready to appear before the Court below. After hearing learned counsel for the petitioners and keeping in view the facts and circumstances of the case, I found that petitioner No.1, while appearing as PW-1, has specifically stated that “There was light of electric bulb. At about 10.00 PM Bogha Singh armed with Takua and Bhola Singh armed with a Ghop came to our courtyard through the broken gate of house. I woke up on hearing the noise. Bogha singh gave 2/3 Kulhari blows again said Takua blows on the right side of head of my son Sukhwinder Singh while he was lying on the cot. Bhola Singh gave Ghop blow on the left side of forehead above the eye. Thereafter both the accused inflicted more blows to my son Sukhwinder Singh. I and my wife raised alarm. Both these accused threatened us that we would also have the same consequences if raised alarm and out of fear I and my wife keep quite. After killing my son Bogha Singh and Bhola Singh ran away with their weapons.” In view of the specific allegations against the petitioners and keeping in view the gravity of the offence, I am not inclined to grant pre-arrest bail to the petitioners. Hence, the present petition is hereby dismissed. It is, however, made clear that any observation made hereinabove shall not be construed to be an expression of opinion on the merits of the case. (RAKESH KUMAR JAIN) NOVEMBER 10, 2009 JUDGE vivek