Crl. Misc. No.M-20642 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-20642 of 2011 (O&M) Date of Decision: 21.09.2011 Bhup Singh ..... Petitioner Versus State of Haryana ..... Respondent CORAM:- HON'BLE MR. JUSTICE M.M.S. BEDI Present: Mr. Ram Niwas Kush, Advocate, for the petitioner. Ms. Shalini Attri, DAG, Haryana. M.M.S. BEDI, J. This is an application for grant of regular bail to the petitioner. The counsel for the petitioner has argued that two witnesses PW-1 & PW-2 who were eye-witnesses had already been examined. No specific role has been attributed to the petitioner. It has also been argued that the petitioner was not challaned at initial stage. Subsequently the petitioner had been challaned. I have heard counsel for the petitioner and gone through the statements of PW-1 Sandeep and PW-2 Satish. The deceased Krishan before his death had made a statement which was recorded by the Police in which he had stated that on 6.4.2009 he was going in a car along with Sandeep and Satish residents of Sultanpur along with Banti and after dropping Banti in street No.6 they reached in car near Hanuman Mandir, they were stopped by 3-4 vehicles. One vehicle was being driven by Bhup Singh in which the Rajender was also sitting. The driver of the vehicle struck his car against the car of Krishan Kumar. Meanwhile Rajender fired at Krishan Kumar. Occupants of other cars also got down from their cars and started assaulting Crl. Misc. No.M-20642 of 2011 (O&M) -2- Krishan Kumar with sticks and rods hitting Krishan Kumar on hands, feet, head, face and eyes. Thereafter, Rajender Singh along with petitioner Bhup Singh, Vikram, Subhash and Karan Singh inflicted injuries on the feet of Krishan Kumar and causing multiple injuries. Counsel for the petitioner has vehemently contended that petitioner was earlier not challaned but on the basis of a cutting by which the word Rajender was overwritten with Bhup Singh, on the basis of said cutting he has been falsely implicated. I have gone through the statement of Krishan Kumar which was recorded before this death. The cutting referred to by counsel for the petitioner is not much relevance at this stage if the overwritten sentence is read with preceding line which clearly names Bhup Singh to be driver of the vehicle accompanied by Rajender sitting on his side. Since there are allegations against the petitioner of having inflicted injuries on the person of the deceased as a member of unlawful assembly, no ground is made out to grant the concession of regular bail to the petitioner. The photocopy of the challan which was made available by counsel for the petitioner is hereby returned to the counsel. It will not be prudent to enter into the niceties of the trial and to examine the truthfulness of the statement of Krishan Kumar which was allegedly recorded before death. The petition is dismissed. It will be improper to assess whether the said statement can be considered as a dying declaration. (M.M.S. BEDI) 21.09.2011 JUDGE manju