Crl.M. No.M-4266 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M. No.M-4266 of 2011(O&M) Date of Decision: February 11, 2011 Devender @ Chunja .....Petitioner v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Bipan Ghai, Sr.Advocate with Mr.Sandeep Gehlawat, Advocate for the petitioner. ..... RAM CHAND GUPTA, J.(Oral) Crl.M.No.7859 of 2011. Application is allowed subject to all just exceptions. Crl.M.No.M-4266 of 2011 The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.514, dated 22.12.2008, under Sections 302/120-B/34 IPC and under Section 25 of the Arms Act, registered at Police Station Civil Lines, District Sonepat. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Sonepat, vide which application filed by the petitioner for grant of regular bail is dismissed. Brief allegations against the petitioner-accused are that he is facing trial for offence under Section 302 IPC read with Section 34 IPC and 120-B IPC read with Section 302 IPC and Section 25 of the Arms Act before Court of Sessions at Sonepat in the aforementioned FIR. Twenty- two witnesses have already been examined and five witnesses are yet to be examined. Virender @ Sonu (deceased), i.e., brother of the complainant Joginder Singh Dahiya, was murdered in Bharat Hospital, Sector 14, Crl.M. No.M-4266 of 2011(O&M) -2- Sonepat. Complainant and his mother Smt. Saraswati Devi reached the Bharat Hospital and saw CCTV Camera footing and it was found that the person who fired at the deceased was the present petitioner-accused. During trial, though some of the witnesses did not support the prosecution version and however, Smt.Saraswati Devi-PW5, mother of the deceased deposed that she had identified the present accused Devender Jatheri firing on her son while seeing on the CCTV footage. Murder was committed in broad day light in busy and crowded area. Present petitioner-accused was identified by mother and brother of the deceased. Name of petitioner-accused has been mentioned in the FIR. It has also been mentioned that deceased and present petitioner-accused had a dispute over the money transaction and because of the said grudge petitioner was murdered by present petitioner-accused. There are serious allegations against the petitioner-accused. Hence, in view of these facts, he is not entitled for concession of bail. Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Devender @ Chunja for grant of regular bail is, hereby, dismissed. 11.2.2011 (Ram Chand Gupta) meenu Judge