Criminal Misc. No. 42072-M of 2007 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 42072-M of 2007 Dated of decision : January 11, 2008 Sukhdev Singh and another .....Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. D.S.Pheruman, Advocate for the petitioners. Mr. Anter Singh, Deputy Advocate General, Punjab for respondent. RAJESH BINDAL, J. The prayer made in this petition filed under Section 439 of the Code of Criminal Procedure ( for short “the Code”) is for grant of bail pending trial in FIR No. 47 dated December 12, 2006 registered under Sections 302 read with Section 34 IPC at Police Station, Sujanpur, District Gurdaspur. Learned counsel for the petitioner submits that in an enquiry conducted by the Superintendent of Police (Detective), Amritsar, petitioners were found innocent and accordingly, no case was made out against them but still challan was presented. The manner in which deceased Amit Bhatti died was merely an accident which occurred at the bridge of the canal in which he fell in the canal. Learned counsel for the State submits that petitioners are not entitled to concession of bail as there are direct allegations against them. Further he submits that report submitted by the Superintendent of Police (Detective), Amritsar was not agreed to by the Deputy Inspector General, Border Range, Amritsar and the same was marked to Senior Superintendent of Police (Detective), Gurdapsur, who directed the presentation of challan as the case was fit for trial. After the challan had been presented, even the charge has been framed against the petitioners on May 28, 2007. That shows there is prima facie evidence against the petitioners. Criminal Misc. No. 42072-M of 2007 -2- *** Keeping these facts in view, when the charge under Section 302/34 IPC has been framed against the petitioners, I do not deem it to be an appropriate case where the petitioners are entitled to the concession of bail. Accordingly, the petition is dismissed. January 11, 2008 (Rajesh Bindal) Pka Judge