Crl. Misc. No. M – 33911 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 33911 of 2009(O&M) Date of decision:- 22.3.2010 Gurmail Singh ... Petitioner Versus State of Punjab ... Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. S.K.Bawa, Advocate, for the petitioner. Mr. B.B.S.Teji, AAG, Punjab. Gurdev Singh, J (oral) Heard. The petitioner/accused - Gurmail Singh @ Mela S/o Phuman Singh, has filed this petition under Section 439 of the Code of Criminal Procedure for the grant of regular bail for the offence punishable under Section 302/34 IPC, in respect of which FIR No. 219, Dated 8.11.2007 was registered in Police Station Sunam, District Sangrur and for which he is standing his trial before the Additional Sessions Judge, Sangrur. This petition has been pressed on the grounds that he was not named in the FIR and was for the first time named by Malkiat Singh-complainant, when his statement was recorded in the Court as PW-1 and that no injury has been attributed to him and that the prosecution is not examining Naib Singh, before whom this petitioner is alleged to have made extra-judicial confession. The FIR was registered on the basis of the statement of Malikat Singh-complainant. He narrated therein that on 8.11.2007, he alongwith his Crl. Misc. No. M – 33911 of 2009 -2- nephew Lakhmir Singh was going to his village on the motorcycle and when they reached near the fields of Bant Ram his grandson Harjinder Singh @ Kali and his nephew Lakhvir Singh were going on their motor- cycle. It was about 5.30 PM, when Jagroop Singh and other accused came from the side of village Kharial on a tractor. At that time Jagroop Singh was armed with Gandasa, Darshan Singh was armed with Kirpan, Pargat Singh was armed with Takua, Gurmit Singh was armed with Takua and Tarlok Singh was armed with Soti and they were accompanied by Sukhpal Singh and by 2/3 other persons. The tractor was stopped in front of the motorcycle of Harjinder Singh, who was encircled by all those accused. Jagroop Singh gave a blow with his Gandasa on the left side of neck of Harjinder singh as a result of which he fell down from the motorcycle. When he was lying on the ground, Darshan Singh gave a blow with his Kirpan on the left side of his neck and Gurmail Singh also gave a blow with his Takua on the same part of his body. Thereafter, Pargat Singh gave a blow with his Takua on the left side of the face/jaw of Harjinder Singh. An alarm was raised and all the accused with their respective weapons ran away from the spot. Harjinder Singh died as a result of these injuries. There is no dispute about the fact that the present petitioner was not named as one of the accused by Malkiat Singh-complainant. He also did not name him while his statement was recorded in the trial Court. However, he was named as such by Lakhvir Singh PW-2. It is also a fact that no injury has been attributed to him. But the fact remains that he was sharing a common intention with the other accused as the injuries were caused to Harjinder Singh, after he was encircled by him and all the Crl. Misc. No. M – 33911 of 2009 -3- accused. Naib Singh disclosed during the investigation that this petitioner alongwith other accused came to him and made an extra-judicial confession that they have committed the murder of Harjinder Singh. Keeping in view all the facts and circumstances of the case, no ground is made out for releasing the petitioner/accused on bail. Petition is dismissed accordingly. March 22, 2010 (Gurdev Singh) tripti Judge