Crl. Misc. No. M-12479 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-12479 of 2010 (O&M) Date of decision: June 29, 2010 Sonu ...Petitioner Versus State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Darling Bahl, Advocate, for the petitioner. Mr. Raghbir Chaudhary, Sr. DAG, Punjab. GURDEV SINGH, J. Heard. This petition has been filed by Sonu-petitioner under Section 439 of the Criminal Procedure Code for releasing him on bail for the offences under Sections 302, 323, 324/149/148 IPC in respect of which FIR No. 106 dated 28.8.2008 was registered in Police Station Kotwali, District Amritsar, and for which he is standing his trial before the Additional Sessions Judge, Amritsar, on the ground that he had been falsely implicated and it was a case of free fight in which he had also received injuries on his face and other parts of the body. As per the version incorporated in the FIR, on 26.8.2008 at about 9.30 p.m., the complainant-Bobby, alongwith his brother Sanjay and nephew Love Kumar, was standing on the road after coming out of the D.A.V. College, when the present petitioner, Diwan Chand, Banarsi Dass and Salamat Masih came towards their side and at that time they were armed with kirpan, kirch and knives. The petitioner gave a kirpan blow on the left side of the face of Sanjay, Muqudar gave a kirch Crl. Misc. No. M-12479 of 2010 2 blow on the right shoulder of Sanjay and Gian Chand gave a blow with his kirpan on the upper part of right arm of Love Kumar. Thereafter, Banarsi Dass gave a blow with his knife which hit on the naval of Love Kumar and the present petitioner gave a kirpan blow on the left side of abdomen of Sanjay. The second blow of kirpan was given by Gian Chand on the left side of abdomen of Love Kumar and the present petitioner gave a kirpan blow which hit on the chest of Sanjay. Gian Chand gave another blow with his kirpan which hit lower part of the abdomen of Sanjay. As a result of these injuries, Sanjay fell down and was given a blow with kirch by Muqadar on his chest and Diwan Chand gave a blow with his knife on his back. All these accused also gave other injuries to these injured. The injured were removed to the hospital and the FIR was initially registered under Sections 323, 324, 149 and 148 IPC. Sanjay expired on 29.9.2008 and the offence under Section 302 IPC was added. It was the injuries caused by the present petitioner-Sonu which caused the death of Sanjay. He gave a number of blows with his kirpan to the deceased on the vital parts of his body and the intention that he wanted to cause the death of Sanjay can be inferred from the weapon used in the crime and the seat of the injuries. For such heinous crime, he is not entitled to the concession of regular bail. The petition is dismissed accordingly. June 29, 2010 (GURDEV SINGH ) prem JUDGE