IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. M No. 33153 of 2008 Date of Decision: February 25, 2009 Harvinder Singh @ Roda ...........Petitioners Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Sunil Chadha, Advocate for the petitioners. Mr.Amandeep Singh, Assistant Advocate General,Punjab ** Sabina, J. Petitioner has filed these petition under Section 439 of the Code of Criminal Procedure seeking regular bail in FIR No. 61 dated 26.6.2008 (Annexure P1) registered under Sections 302 and 34 of the Indian Penal Code (`IPC' for short) at Police Station Sudhar, District Ludhiana Rural. The prosecution case as per FIR as reproduced in para 1 of the petition is as under:- “Statement of Satnam Singh son of Gurcharan Singh caste Jat resident of Chaminda police Station Sudhar aged about 27 years. Stated that I am residing at the aforesaid address and do agricultural work. Today on 25/6/08, I alongwith Mandeep Singh alias Manni son of Gurmeet Singh, Jat resident of Chaminda, were coming in my Scoprio vehcile from Jodha. At about 9 P.M., when we reached near Govt. High School, Ballowal Chaminda, Harvinder Singh alias Roda son of Sudagar Singh Jat, resident of Chaminda, armed with Baseball, Gurjinder Singh alias Ghoga son Crl. Misc. M No. 33153 of 2008 -2- of Ram Singh, cast Goldsmith, resident of Chaminda armed with baseball alongwith two more persons,who had covered their heads and faces, were found to have stopped Gurmeet Singh son of Kapur Singh Jat, resident of Chaminda, on the road. Within our sight, Harvinder Singh and Gurjinder Singh gave one blow each on the person of Gurmeet Singh with their baseball which landed on his neck and backside of his head. Gurmeet Singh fell down and even while he was lying fallen, aforesaid Harvinder Singh and Gurjinder Singh gave blows with their respective baseballs. Gurmeet Singh raised alarm `Mar ditta Mar Ditta'. I and Mandeep Singh also raised alarm `Na Maro Na Maro. On this, all these four persons fled away from the spot alongwith their respective weapons twoards village Chaminda and left behind one scooter No. PB-10L-1515 make Vespa of green colour at the spot. I and Mandeep Singh took care of Gurmeet Singh and after lfiting him were taking him to Sarabha Hospital in our vehicle but Gurmeet Singh died on the way itself. We kept the dead body of Gurmeet Singh at home. The whole incident has been witnessed by me and Mandeep Singh under the lights of our Scorpio vehicle. The cause of enmity is this that Sudagar Singh, father of aforesaid Harvinder Singh had submitted papers for contesting election of Panch during the Panchayat elections but they had been rejected. He used to say to Gurmeet Singh that the papers of his father had been rejected by them. On account of this grouse, aforesaid Harvinder Singh and Gurjinder singh in connivance with each other, have murdered Gurmeet Singh by inflicting injuries on his Crl. Misc. M No. 33153 of 2008 -3- person. I along with Surinder Singh son of Mohna Singh Jat resident of Chaminda was going to the police Station to give information in this regard that you have met on the way. I have got my statement recorded with you, which has been heard and is correct. Action be taken. Sd/-Satnam Singh.” Learned counsel for the petitioner has submitted that as per the post mortem report, no external injury was found on the person of the deceased. The death in the case was due to fracture of 6th vertebra. The said injury could not be possible due to blows with baseball bats. He states that the petitioner has been in custody since 26.6.2008. Learned counsel for the State has opposed the petition. As per the prosecution case, petitioner-Harvinder Singh and co-accused- Gurjinder Singh had given one blow each on the person of Gurmeet Singh with their baseball bats which landed on his neck and backside of his head. Gurmeet Singh had fallen down and petitioner- Harvinder Singh and co-accused Gurjinder Singh gave more blows with their baseball bats on his person. However, as per the post-mortem report, no external ante mortem injury was found on the person of the deceased. The cause of death was opined to be due to fracture of 6th vertebra which led to spinal shock . Keeping in view the said facts and without expressing any opinion on the merits of the case,this petition is allowed. Petitioner be admitted to bail to the satisfaction of the Chief Judicial Magistrate, Ludhiana ( Sabina ) Judge February 25, 2009 arya