Crl. Misc. No.M-17731 of 2010 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: September 13, 2010. (1) Crl. Misc. No.M-17731 of 2010 (O&M). Iqbal Singh and others. .. petitioners * * * (2) Crl. Misc. No.M-19495 of 2010 (O&M). Baldev Singh and another. .. petitioners VERSUS State of Punjab. . Respondent *** CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.H.S.Batth, Advocate, for the petitioners in Crl.Misc.No.M-17731-2010. Mr.J.S.Verka, Advocate, for the petitioners in Crl.Misc.No.M-19495-2010. Mr.Abhishek Chautala, AAG., Punjab. *** . . . 1 Crl. Misc. No.M-17731 of 2010 (O&M) M.M.S. BEDI, J. This order will dispose of the above noted two petitions seeking regular bail in a case which was originally registered at the instance of Pargat Singh alleging that his niece Rajbir Kaur who was married to Baldev Singh brother of Bikkar Singh, used to be beaten up by Baldev Singh, husband, Bikkar Singh, brother-in-law and Dalip Kaur, non-applicant mother-in-law, on the allegations that she was out of their control. They had number of times sent said Rajbir Kaur to her parental house. On 18.06.2009, at about 8:00 PM, said Rajbir Kaur from her mobile phone had talked to complainant informing that her husband Baldev Singh, brother-in- law Bikkar Singh and mother-in-law Dalip Kaur had beaten her. The complainant had assured her that he would come in the morning but on the next day, the dead body of niece of complainant was found lying in a ditch with Chunni around her neck. After presentation of challan against the petitioners, further investigation in the matter was taken up under Section 173(8) Cr.P.C., and a fresh report was submitted that as a matter of fact, petitioners Iqbal Singh, Jagdeep Singh and Inderjit Singh had committed the murder of deceased Rajbir Kaur. So far as Iqbal Singh is concerned, allegation against him is that he had developed illicit relations with the deceased and that prior to the death of deceased she had talked to Iqbal Singh on his telephone at 1:35, 8:30, 9:42 & 9:44 PM. During the course of further enquiry, the petitioners . . . 2 Crl. Misc. No.M-17731 of 2010 (O&M) Baldev Singh and Bikkar Singh have also levelled allegations that Iqbal Singh had killed Rajbir Kaur as she was creating a hindrance in her immigration on the basis of marriage. In order to remove the said obstacle, Iqbal Singh in connivance with Jagdeep Singh and Inderjit Singh had committed the murder of Rajbir Kaur. When the applications for bail cam up before the trial Court, the trial Court instead of deciding the application for bail referred the matter to the High Court for proper investigation. Vide order dated 26.05.2010, the reference was held not maintainable and the trial Court was directed to decide the application for bail filed by Iqbal Singh, Jagdeep Singh and Inderjit Singh on merits. Taking into consideration the alleged defective investigation on matter of dual version, the trial Court referred to the statement of Pargat Singh dated 10.06.2010 to the effect that Iqbal Singh, Jagdeep Singh and Inderjit Singh had been wrongly challaned and dismissed the application of Iqbal singh etc. for bail. So far as Jagdeep Singh is concerned, he is alleged to have made a disclosure statement to Inderjit Singh regarding his involvement in the murder of Rajbir Kaur. So far as Inderjit Singh is concerned, he was allegedly found in possession of clothes of deceased Rajbir Kaur. I have heard the counsel for the petitioners in both the petitions as well as State counsel and I am of the opinion that there are specific allegations at the instance of complainant against . . . 3 Crl. Misc. No.M-17731 of 2010 (O&M) Baldev Singh and Bikkar Singh. The complainant till date is sticking to his original version. In view of specific allegations against Baldev Singh and Bikkar Singh regarding their involvement, they being the husband and brother-in-law of the deceased, cannot be granted the concession of bail during the pendency of trial. So far as Iqbal Singh, Jagdeep Singh and Inderjit Singh are concerned, the needle of suspicion is pointed towards them on the basis of investigation which is stated to be illegal as they have been indicted on the basis of investigation which cannot be said to be illegal and baseless, at this stage. The chain of circumstances indicate that petitioner Iqbal Singh who is related to Baldev Singh had also some role to play in the murder of Rajbir Kaur as he had illicit relations with the deceased which was not relished by Baldev Singh and Bikkar Singh. Baldev Singh and Bikkar Singh in order to save their skin might have been levelling allegations against Iqbal Singh but the motive on the part of Iqbal Singh cannot also be ignored, at this stage. The petition for bail filed by Iqbal Singh is, therefore, dismissed as his release might hamper the fair trial as the Court on the basis of evidence before it will be required to separate nuggets of truth from the chaff of falsehood from the chain of entire circumstances. So far as Jagdeep Singh and Inderjit Singh are concerned, there is prima facie only circumstantial evidence against them which is yet to be decided, on the basis of the various parameters for determining the guilt, laid down by Courts from time . . . 4 Crl. Misc. No.M-17731 of 2010 (O&M) to time. Jagdeep Singh and Inderjit Singh can be granted the concession of bail on the basis of dual version. Without expression of any opinion, it is ordered that Jagdeep Singh and Inderjit Singh will be released on bail on their furnishing bail bonds/surety bonds to the satisfaction of the trial Court. Thus, the bail application i.e., Crl.Misc.No.M-17731 of 2010 qua Jagdeep Singh and Inderjit Singh is allowed and dismissed qua Iqbal Singh, whereas bail application i.e., Crl.Misc.No.M-19495 of 2010 filed by Baldev Singh and Bikkar Singh is dismissed. (M.M.S.BEDI) JUDGE September 13, 2010. rka . . . 5