Criminal Misc. No.M-30554 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-30554 of 2011 Date of Decision : 26th November, 2011 Gurdev Singh .... Petitioners Versus State of Panjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL. Present : Mr. Premjit Singh Dhaliwal, Advocate for the petitioner. Mr. Shilesh Gupta, Deputy Advocate General, Punjab with Ms. Seena Mand, Advocate for the complainant. * * * * L.N.MITTAL, J. (ORAL) Accused Gurdev Singh has filed the instant petition for regular bail under Section 439 Cr. P. C. in FIR No.46 dated 13.05.2011 under Sections 302, 201 and 34 IPC registered at Police Station Jodhan, District Ludhiana Rural. I have heard learned counsel for the parties and perused the case file. According to prosecution version, Gamdoor Singh since deceased was 'pathi' in Gurudwara for 18-20 years. On 11.05.2011, when he did not perform regular 'path' in the Guredwara in the morning, devotees enquired about the reason from Bhupinder Singh and Narinder Singh who were also residing in the Gurudwara. They could not give satisfactory reply. Complainants, who are brothers of the deceased, accordingly lodged FIR stating that Bhupinder Singh and Narinder Singh Criminal Misc. No.M-30554 of 2011 -2- along with other persons had murdered Gamdoor Singh on the night of 10.05.2011 and cremated his body on 11.05.2011 without informing anybody. During investigation, it transpired that Bhupinder Singh and Narinder Singh were not even present at the spot at the time of alleged murder. They were thus found innocent. It was also revealed during investigation that petitioner's co-accused Jaswinder Singh @ Jassa and Ram Singh @ Kulwant Singh made extra judicial confession before Darshan Singh regarding commission of murder by them. It was also revealed during investigation from the statements of van driver and care- taker of the cremation ground that present petitioner Gurdev Singh alongwith others was involved in cremation of the dead body. From the facts revealed on investigation as alleged by the prosecution itself, murder was allegedly committed by petitioner's co- accused Jaswinder Singh @ Jassa and Ram Singh @ Kulwant Singh only and the present petitioner Gurdev Singh was not involved in commission of murder, who was, however, involved in cremation of the dead body. Consequently prima facie case against the present petitioner would fall under Section 201 IPC which is a bailable offence. Keeping in view all the circumstances, but without meaning to express any opinion on merits of the case including nature of offence committed by the present petitioner, the instant bail petition is allowed. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Ludhiana. ( L. N. MITTAL) JUDGE 26th November, 2011 'raj'