Crl.M.No.M-37694 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-37694 of 2010 (O&M) Date of Decision: December 22, 2010 Hari Singh and another .....Petitioners v. Rajbir Singh and another .....Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.P.S.Jammu, Advocate for the petitioners. ..... RAM CHAND GUPTA, J.(Oral) Crl.M.No.66904 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-37694 of 2010 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in criminal Complaint No.632- 1/2006/2009, titled as Rajbir Singh v. Hari Singh and others, dated 24.5.2006, Annexure P1, under Sections 302 and 34 IPC, registered at Police Station District Sirsa. I have heard learned counsel for the petitioners and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Sirsa, vide which application filed on behalf of the present petitioners for anticipatory bail was dismissed. Briefly stated, initially the FIR was registered against petitioners-accused by the complainant regarding murder of Om Parkash, father of complainant. However, police after investigation filed cancellation report. Detailed protest petition was filed by the complainant against the same. He also filed a criminal complaint in which preliminary evidence was recorded and learned Magistrate summoned present petitioners-accused on the basis of preliminary evidence to face trial for offence under Section 302 IPC read with Section 34 IPC as he found sufficient grounds for Crl.M.No.M-37694 of 2010 (O&M) -2- summoning them for the said offence. It has been contended by learned counsel for the petitioners- accused that deceased died on account of heart-attack. However, at the same time, it has been pleaded in the petition that it was a blind murder and that petitioners have been falsely implicated in this case. There are serious allegations against the petitioners-accused. They have been ordered to be summoned under Section 302 IPC read with Section 34 IPC on the basis of preliminary evidence including documentary evidence produced before learned Magistrate. Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioners-accused. In view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioners-Hari Singh and Umesh Kumar for grant of anticipatory bail is, hereby, dismissed being devoid of any merit. 22.12.2010 (Ram Chand Gupta) meenu Judge