Crl.M.No.M-8835 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-8835 of 2010 (O&M) Date of Decision: November 29, 2010 Raju Ram .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Kuldeep V.Singh, Advocate for the petitioner. Mr.K.D.Sachdeva, Addl.A.G., Punjab. RAM CHAND GUPTA, J.(Oral) The present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner, who was summoned under Section 319 Cr.P.C. in case FIR No.65, dated 18.4.2008, under Sections 326, 506, 34 IPC, registered at Police Station Sadar Mansa, and thereafter vide DDR No.33, dated 28.4.2008 Section 307 IPC was added and thereafter on 30.4.2008, offence under Section 302 IPC was added, I have heard learned counsel for the parties and have gone through the whole record carefully, including the impugned order passed by learned Sessions Judge, Mansa, vide which application for regular bail filed on behalf of the present petitioner accused was dismissed. It has been contended by learned counsel for the petitioner that he has been continuing in custody since 15.2.2010 and that he was found innocent by the police and however, summoned later on under Section 319 Cr.P.C. on an application filed on behalf of the prosecution. Bail application has been opposed by learned State counsel on the plea that there are serious allegations against the petitioner-accused and that he alongwith co-accused Neelam Mahant and Puna Ram has been named in the FIR. Brief allegations are that as per statement of Gursewak Singh- deceased, recorded before his death, he used to go with eunuchs for dancing Crl.M.No.M-8835 of 2010 (O&M) -2- and singing. On 3.4.2007 at about 9.00 p.m., Neelam, Puna and the present petitioner-accused Raju came to the house of Gursewak Singh -deceased and told him that he was to go with them for singing and dancing. He accompanied them in a jeep. They had taken liquor. They stopped the jeep and cut his penis with knife without his consent. He cried with pain, but in vain. Thereafter, he was taken to different places and when his condition was deteriorated, he was admitted to Rajindra Hospital, Patiala. Hence, later on offence under Section 307 IPC was added and when he succumbed to injuries, offence under Section 302 IPC was added. As per report of postmortem examination on the dead body of Gursewak Singh, deceased, an infected wound of 13x4 cm deep was present over genital region and the cause of death has been opined as septicemia in a case of H.C.V. positive traumatic amputation of genitals. Allegations against the petitioner-accused are serious in nature. Hence, he is not entitled for relief of bail, at this stage. In view of these facts and without expressing any opinion on the merits of the case, the present petition filed by petitioner-Raju Ram for grant of regular bail is dismissed being devoid of any merit. 29.11.2010 (Ram Chand Gupta) meenu Judge