CRM-M-8662-2011 (O&M) [ 1 ] CRM-M-21340-2011 (O&M) :::::::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) CRM-M-8662-2011 (O&M) Date of decision:02.11.2011 Ram Pal @ Pala ...Petitioner Versus State of Haryana ...Respondent (2) CRM-M-21340-2011 (O&M) Date of decision:02.11.2011 Gulab Singh ...Petitioner Versus State of Haryana ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Hemant Bassi, Advocate, for the petitioner in CRM-M-8662-2011. Mr. Rajesh Kumar Garg, Advocate, for the petitioner in CRM-M-21340-2011. Mr. Sagar Deswal, AAG, Haryana. ***** Rakesh Kumar Jain, J. This order shall dispose of two petitions bearing CRM-M-8662-2011 titled as 'Ram Pal @ Pala Vs. State of Haryana' [for short “first petition”] and CRM-M-21340-2011 titled as `Gulab Singh Vs. State of Haryana' [for short “second petition”] in which the petitioner(s) are praying for grant of regular bail in a pending trial case registered vide FIR No.148 dated 12.10.2009, under Sections 148, CRM-M-8662-2011 (O&M) [ 2 ] CRM-M-21340-2011 (O&M) :::::::: 149, 323, 324, 302, 427, 452 and 506 IPC at Police Station Mullana, District Ambala. The FIR was registered on the statement of Bahadur Singh, who had alleged that he was driving the motorcycle bearing registration No.PB-27-9766 mark CT-100 on which Kuldeep Singh was a pillion rider. At about 7.10 p.m., when they were a little ahead of Peer Baba towards Kalpi, 3 youths riding on a motorcycle came from behind armed with swords and gandasis and gave a gandasi blow to Kuldeep Singh, as a result of which they lost the balance and fell in the ditches on the side of the road. At that point of time, 10-12 more persons came there on 3-4 motorcycles. They were also armed with swords and gandasis. He and Kuldeep Singh ran towards the fields but were chased by those persons. After a short distance, Bahadur Singh allegedly fell down in the filed of rice and those persons could not see him due to darkness, but they kept on chasing Kuldeep Singh to whom injuries were given. He had alleged that he could recognize Balbir Singh, Gian Chand and Satish Kumar, but he could not recognize the others due to darkness who can only be described by Kuldeep Singh. While going back, the said persons also damaged his motorcycle. It is alleged that he suffered injuries on his left hip, both arms and toes of his right foot. He gave a phone call at the house of Kuldeep Singh and informed his wife about the incident who told him that those very persons had also come to their house and fought with the ladies by giving them beatings. The said persons had a grudge because of the occurrence dated 09.10.2009. Thereafter, Kuldeep Singh was referred by the doctor to PGI, Chandigarh and had ultimately succumbed to his injuries. In the first petition, it is submitted by learned counsel for the petitioner that the co-accused Gian Chand has already been released on bail by this Court on 06.07.2010 in CRM-M-16793-2010. He has further submitted that even initially Gian Chand, Satish Kumar and Balbir Singh were arrested, but Balbir Singh stands discharged vide order dated 23.04.2010 by the learned Additional Sessions Judge, Ambala in a revision filed against the order of Magistrate declining to discharge him. It is also submitted that the CRM-M-8662-2011 (O&M) [ 3 ] CRM-M-21340-2011 (O&M) :::::::: investigating agency also found Satish Kumar to be innocent who was not even arrested. He has alleged that role of the petitioner is similar to Satish Kumar and Balbir Singh, therefore, he should be released on bail as he was not even named in the FIR. It is further submitted that the petitioner was arrested on 27.02.2010. Challan has already been presented and nothing is to be recovered from him. Learned State Counsel has argued that the petitioner had earlier applied for regular bail vide CRM-M-30579-2010 which was withdrawn on 13.12.2010. The petitioner is said to have been armed with gandasi which was used for giving a blow on the head of Kuldeep Singh (deceased) as in the PMR, incised wounds have been found on the head of the deceased. The petitioner has got recovered the weapon of offence as well. After hearing learned counsel for the parties and keeping in view the facts and circumstances much-less the role of the petitioner in the alleged occurrence in which Kuldeep Singh lost his life because of various injuries caused to him including the injury alleged to have been caused by the petitioner with a sharp edged weapon (gandasi) on his head, I am of the view that the case of the petitioner is altogether different from the case of Gian Chand who is alleged to have got recovered a danda. In view thereof, I do not find any merit in the present bail application and hence, the same is hereby dismissed. In the second petition, the argument raised is more or less the same which has been raised in the first petition. Additionally, it is argued that the petitioner is in custody from 05.05.2010. He was not named in the FIR. The challan has already been presented. The petitioner had earlier applied for bail before this Court vide CRM-M-32192-2010 which was withdrawn on 13.12.2010. Learned State Counsel has opposed the bail application by alleging that the petitioner had given sword blows on the hands and legs of Kuldeep Singh (deceased) and had also got recovered the sword used in the said crime. I have heard both the leaned counsel for the parties and perused the record from which I have found that the petitioner cannot CRM-M-8662-2011 (O&M) [ 4 ] CRM-M-21340-2011 (O&M) :::::::: seek parity with Gian Chand for the purpose of bail as he had used sword for causing injuries to the deceased Kuldeep Singh on his hands and legs which ultimately contributed to his death. In view thereof, the present petition is found to be without any merit and the same is hereby dismissed. A photocopy of this order be placed on the file of another connected case. November 02, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE