Crl. Misc. No.M-29787 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-29787 of 2010 Date of Decision: 22.12.2010 Sachdev Singh ....Petitioner Versus State of Punjab ...Respondent CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. Karan Bhardwaj, Advocate for the petitioner. Ms. Rajni Gupta, Addl. A.G., Punjab for the respondent-State. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. This is a petition under Section 439 Cr.P.C for grant of regular bail to the petitioner in case FIR No.118 dated 08.09.2009 under Sections 302/201/148/149 IPC and Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 registered at Police Station Mallanwala, District Ferozepur. It is contended that as per the allegations in the FIR and even as per the statement of the eye witness, Kashmir Singh under Section 161 Cr.P.C., the allegations are against Gurpreet Singh, whereas, challan against him has been filed under Section 201 IPC and challan against the present petitioner has been filed under Section 302 IPC. Reliance has been placed on the order dated 17.05.2010, vide Crl. Misc. No.M-29787 of 2010 2 which, the bail was granted to Kashmir Kaur and another. Today, learned counsel for the respondent-State, on instructions, has pointed out that the investigation has revealed that the accused Sachdev Singh i.e the present petitioner along with one Rajbir Kaur has committed the murder and were, therefore, challaned under Sections 302/201 IPC. There was enough circumstantial evidence against the petitioner to show that the murder was committed by the present petitioner. The parna of the deceased was recovered from the present petitioner. It was the present petitioner who was having an affair with Rajbir Kaur and the petitioner was, therefore, upset and angry with the deceased- Gurmit Singh as he had misbehaved with Rajbir Kaur. He was the main accused who killed Gurmit Singh. The petitioner cannot get the benefit of bail granted to Kashmir Kaur and Gurpreet Singh as they have been challaned under Section 201 IPC, which is a bailable offence, whereas, challan under Section 302 IPC has been filed against the petitioner. The prosecution evidence is still being recorded. Accordingly, no ground for release of the petitioner on bail is made out at this stage. Dismissed. (NIRMALJIT KAUR) 22.12.2010 JUDGE gurpreet