Crl. Misc. No. M-34746 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-34746 of 2010 (O&M) Date of decision : 26.11.2010 Sukhwinder Singh alias Kala ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. S.S. Rai, Advocate for the petitioner. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Sections 364 and 302 IPC at Police Station Sadar Roopnagar, District Roop Nagar, vide FIR No.89 dated 3rd June, 2010. Learned counsel for the petitioner has argued that from the FIR no case is made out against the petitioner and he was involved in this case only due to local enmity in the village. He, thus, prays that the petitioner be enlarged on bail. It appears that the FIR in question was lodged after one Ashwani Kumar went missing. A detailed investigation ensued. On the basis of some calls made from mobile phone, the investigating agency arrested three accused, namely, Mandip Singh alias Fattu, Jitender Singh alias Banti and Sukhwinder Singh alias Kala. It was revealed that on 28th May, 2010, petitioner alongwith co-accused had taken liquor with Crl. Misc. No. M-34746 of 2010 2 deceased at Alipur liquor shop. They thereafter took him to Bhakra Canal. After inflicting injuries on his head with a tool (spanner used to open tyre of scooter) they threw him in Bhakra canal while he was still alive. On the basis of statement of the accused, helmet of deceased Ashwani Kumar, the weapon of offence (spanner) and the number plates of the vehicles used in the occurrence, were recovered. It appears that the petitioner earlier moved the court of Additional Sessions Judge, Ropar for bail, but the said petition was dismissed for non-prosecution. In view of the seriousness of the allegations against the petitioner and his role as has emerged in the investigation, I am of the considered view that he is not entitled to be enlarged on bail. The petition is without any merit and is hereby dismissed. (RAJAN GUPTA) JUDGE November 26, 2010 'rajpal'