In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-5761 of 2010 Date of decision: 9.3.2010 Satwinder Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Ramandeep Sandhu, Advocate, for the petitioner. Mr.J.S.Sandhu, AAG, Punjab. **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 129 dated 30.7.2009 under Sections 302, 323, 324/34 of the Indian Penal Code (“IPC” for short), registered at Police Station Phillaur, District Jalandhar. Learned counsel for the petitioner has submitted that Ram Kishan deceased in his statement before the police, had stated that Satwinder Singh @ Sonu had tried to give a blow with iron rod on his person but since he stepped back, the blow did not hit him. Criminal Misc. No.M-5761 of 2010 -2- Learned State counsel, on the other hand, has submitted that as per the allegations in the FIR, the petitioner had given a blow with the iron rod on the head of the deceased. The deceased had died due to the said head injury. The petitioner is required for custodial interrogation. Although in the statement of Ram Kishan deceased, recorded by the police during investigation, it has been mentioned that the blow, which was tried to be inflicted by the petitioner on the person of the deceased, had not hit him as he had stepped back but the fact remains that the petitioner was present at the spot along with his other co-accused. So far as complainant Narain is concerned, he has specifically got recorded in the FIR that the petitioner had given an iron rod blow hitting Ram Kishan on his head. The petitioner is required for custodial interrogation. Keeping in view the seriousness of offence alleged to have been committed by the petitioner, no ground for grant of anticipatory bail is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE March 09, 2010 anita