CRM No. M-14166 of 2009 Present: Mr. Gourve Bhayyia, Advocate for the petitioner Mr. V.P.S. Sidhu, AAG, Punjab. Heard the counsel for the parties. The petitioner seeks regular bail in a case registered against him for the offences under sections 302 and 341 IPC at Police Station Salem Tabri, Ludhiana on 06.07.2006. The FIR in the case has been registered on the statement of Chandar Bhushan who is a Manager of Hotel Barial, Ludhiana. The hotel has 13 rooms which are rented out. On 29.06.2006 at 3.30 p.m. the complainant Chandar Bhushan was sitting at the Hotel on the Hotel counter when four persons approached him. They disclosed their names as Vinod Kumar (petitioner) son of Jagar Nath, Rat Bahadur, Sunil Badhur sons of Van Bahadur and Sanjay son of Ram Lal. They took one room on rent for Rs. 3,000/- for a month. They gave Rs. 1,000/- as advance which was recorded in the register. The said four persons would leave their room in the morning and come back in the evening. They used to eat at a Dhaba adjoining the hotel. On 04.07.2006 in the night the complainant last saw two persons out of them and after that the room remained locked. The Manager thought that the said persons must have gone in connection with their work. On the date of lodging of the FIR i.e. on 06.07.2006 when the complainant went to the room which had been rented out, he found foul smell coming from the room. Besides, the room was locked from outside. The hotel room was opened with a duplicate key and a dead body was found lying below the bed, which was quite swollen and it appeared that murder had been committed by putting parna (a long cloth) around the neck. The Manager then informed the CRM No. M-14166 of 2009 -2- owner and alongwith the owner came to the police station to lodge a report. The petitioner was arrested on 16.07.2006 and since then he is in custody. Affidavit has been filed by Parmider Singh Pannu, PPS, Assistant Commissioner of Police (North) Ludhiana, wherein it is stated that the final report has been submitted in Court on 11.01.2007 and the peititioner is specifically named in the FIR as well as in the statement of Jaswinder Pal Singh who made a statement on 11.10.2006. It is submited by Jaswinder Pal Singh that on 04.07.2006 he had seen decesased Sonu Kumar @ Pillar outside the Railway Station, Ludhiana and at that time Vinod Kumar, (petitioner) alongwith Parmod Kumar @ Sanjay, Sunil Bahadur @ Gorkha and one other person were quarreling with the deceased Sonu Kumar @ Pillar. They were got separated by Jaswinder Pal Singh. Similarly, Rishi Pal has made a statement on 11.10.2006, in which he has stated that he had seen the deceased Sonu Kumar @ Pillar outside the Railway Station, Ludhiana and at that time Vinod Kumar (petitioner) alongwith Parmod Kumar @ Sanjay, Sunil Bahadur @ Gorkha and one other person were quarreling with the deceased Sonu Kumar @ Pillar) and they were got separated by this witness (i.e. Rishi Pal) with the help of other persons. A supplementary statement of the complainant Chandar Bhushan was recorded on 18.10.2006 in which he stated that on 26.06.2006 four persons came to him at hotel Barial to take a room on rent and one of them disclosed his name as Vinod Kumar (petitioner) and he identifies Vinod Kumar. It has been further recorded that on 06.07.2006 the person whose dead body was recovered from Room No. 114 had been murdered by Vinod Kumar alongwith his companions. CRM No. M-14166 of 2009 -3- The trial in the case is going on. Out of 16 prosecution witnesses 10 have been examined, one has been given up and 5 remain to be examined. The case before the trial court is listed for 11.02.2011. Keeping in view the stage of the trial in the case as also the material on record, it would be inexpedient to extend the concession of bail at this stage. Accordingly, criminal misc. petition is dismissed. February 9, 2011 (S.S. Saron) suresh Judge