IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.12035-M of 2008 DATE OF DECISION : SEPTEMBER 9, 2008 KARAMVIR @ MAKRA & ANR. ....... PETITIONER(S) VERSUS STATE OF HARYANA .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Sudhir Sharma, Advocate, for the petitioner(s). Mr. Tarun Aggarwal, Sr. DAG, Haryana. Mr. Narender Hooda, Advocate, for the complainant. AJAI LAMBA, J. (Oral) This petition under Section 439, Code of Criminal Procedure, prays for grant of bail in FIR No.3 dated 3.1.2008 under Sections 302, 201, 364, 147, 149, Indian Penal Code, Police Station, Narnaund, District Hisar. The contention of the learned counsel for the petitioners is that it is a case of circumstantial evidence. No constructive evidence has been brought on record against the petitioners. Learned counsel for the respondent-State has pointed out that the enmity between petitioner-Surinder Singh alias Sunder and the deceased is clearly established in so much so on 22.12.2007, a complaint was made by petitioner-Surinder Singh alias Sunder against Jagdeep son of the deceased and other cousins of Jagdeep. It was indicated that petitioner- Criminal Misc.12035-M of 2008 2 Surinder Singh alias Sunder had been assaulted. On account of continuous differences, a Panchayat was convened on 2.1.2008, however, no decision could be taken. The very next morning, during early hours of 3.1.2008, the incident took place, which was witnessed by Umed, complainant. Umed saw the four accused catching hold of the deceased and pressing him on the ground, however, on being threatened, he ran away. Other than Umed, two persons from Bihar, namely, Santosh and Nirmal, had witnessed the incident. When the said two persons tried to extinguish the fire, the accused, including the petitioners, restrained them. Initially, they did not gather courage to give evidence, however, after filing of the challan, they have come forward. I have also taken note of the facts that deceased-Daya Chand has been burnt to death; vessel containing kerosene oil have also been recovered and two of the accused are still absconding. In view of the nature of incident and other factors, noticed above, no ground for grant of bail is made out. The petition is dismissed. September 9, 2008 ( AJAI LAMBA ) Kang JUDGE