IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-6532 of 2011 DATE OF DECISION: March 30, 2011 Parminder Singh @ Dharwinder Singh …..Petitioner versus State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.Padam Jain, Advocate for the petitioner Mr.Shilesh Gupta, DAG, Punjab .. RAJAN GUPTA, J.: (Oral) This is a petition under section 438 Cr.P.C. seeking pre-arrest bail in a case registered against the petitioner under sections 279,304-A,302,148,149 IPC vide FIR No.10 dated 17.2.2011 at police station Begowal, District Kapurthala. Learned counsel for the petitioner has argued that initially the case was registered under section 304-A IPC as the allegation was that deceased Mangal Singh died as he was struck by Zen car bearing No.PB-07K-6913. He submits that on the basis of a supplementary statement recorded on the next day of the occurrence, offence under section 302 IPC was added. According to learned counsel, during the pendency of this petition, a compromise has been arrived at between the parties and in view of same petitioner is entitled to concession of pre-arrest bail. Crl.Misc.No.M-6532 of 2011 - 2 - Learned State counsel has vehemently opposed the prayer. He, on instructions from ASI-Kulwant Singh who is present in court, submits that the investigating agency has recorded the statement of Muni Ram who was present on the scene of occurrence as he was employed for filling petrol in the vehicles. According to him, he is an independent witness, who supports the prosecution case that the deceased was infact murdered. According to him, there is a statement of another witness Avtar Singh on the same lines. I have heard learned counsel for the parties. It appears that supplementary statement of the complainant dated 17.2.2011 (Annexure P-2) was recorded in which he stated that petitioner and co-accused Inderjit Singh had ill-will towards the deceased and due to same on 16.2.2011, his brother was run over by car bearing No.PB- 07K-6913 being driven by Inderjit Singh with Parminder Singh sitting on the side. According to investigating agency, an independent witness Muni Ram supports the prosecution case as regards the deceased being run over by Zen car in which the petitioner was present. A perusal of post-mortem report dated 18.2.2011 (Annexure P-3) also shows that serious injuries were suffered by the deceased in the occurrence. This apart, there appears to be some past enmity between the parties. As regards plea of the petitioner regarding a compromise having been arrived at, this court is of the considered view that same would be of no avail in a case under section 302 IPC. Reference may be 2 Crl.Misc.No.M-6532 of 2011 - 3 - made in this regard to judgment of the apex court in Manoj Sharma vs. State & Ors., 2008(4) R.C.R.(Criminal) 827. In the facts and circumstances of the case, I am of the considered view that no case for grant of pre-arrest bail is made out. The petition is devoid of merit and is hereby dismissed. March 30, 2011 ( RAJAN GUPTA ) pc JUDGE 3