In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 1926 of 2010 (O&M) Date of decision: 19.2.2010 Narinder Singh @ Babla and others ......Petitioners Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.APS Deol, Sr. Advocate with Mr. Vishal Rattan Lamba, Advocate, for the petitioners. Mr.Amandeep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 102 dated 6.9.2009, under Sections 302, 148, 149 of the Indian Penal Code registered at Police Station Nathana. Prosecution case, as per the FIR, as reproduced in para 1 of the petition, reads as under:- “Stated that I am residing on the above given address and do agricultural work. We are four brothers and two sisters. Chand Singh is the eldest followed by Labh Singh while Darshan Singh is younger to me. Labh Singh was married but his wife is died and his son Davinder Singh is residing with me. I along with Darshan Singh Criminal Misc. No.M- 1926 of 2010 (O&M) -2- and Chand Singh are bachelor and are residing separately. Kapur Singh son of Kirpal Singh is residing in front of our house while his other brothers are residing abroad while one of his brother Gurcharan son of Kirpal Singh is residing in Lal Singh Basti, Bathinda with his family. Kapur Singh being bachelor is also residing alone. Darshan Singh my brother medicated in the sale of land of Kapur Singh situated in village Madi. Kapur Singh's brother Gurcharan suspected that Darshan Singh has got his share of land sold. A day prior, Gurcharan Singh son of Gurkirat Singh had come to their village and threatened Darshan Singh that he would teach him a lesson for pocketing money by medicating in the sale of land. Today at about 8.30 a.m. I was spreading earth of the roof on account of rain water while my nephew Davinder Singh was with me and my brother Darshan Singh was standing in front of the gate. In the meanwhile Gurkirat Singh son of Gurcharan Singh and Gurcharan Singh's relative Jagga Singh @ Jaggi son of Dev Singh resident of Bhaini accompanied 20/22 other persons armed with iron rods, baseball and pipes etc. came and attacked my brother Darshan Singh. Gurkirat Singh gave rod blow on the head and forehead and face of my brother, while Jagga Singh gave blow with rod like weapon in his face, Criminal Misc. No.M- 1926 of 2010 (O&M) -3- back and flank, while other unidentified persons gave injuries to my brother while he was lying fallen with their respective weapons and my nephew raised alarm Na Maro Na Maro and on hearing our alarm, many persons of the village collected there and on seeing them all the accused ran away from the spot in their vehicle along with their respective weapons. My brother Darshan Singh died at the spot in front of the door on account of injuries received by him. The cause of grudge is that Kapur Singh had sold share in the piece of land belonging to him while Gurcharan Singh his brother suspected that my brother Darshan Singh had got the sale deed executed by mediating and pocketed the money in the deal. On account of this Gurcharan Singh son of Gurkirat Singh accompanied the above other persons and have committed the murder of my brother Darshan Singh. After leaving Davinder Singh son of Labh Singh to guard the body I alongwith Lachhman Singh member panchayat have come to lodge report.” Learned senior counsel for the petitioners has submitted that the petitioners were not named in the FIR. After the registration of FIR, statement of Davinder Singh, an alleged eye witness, was recorded and he also did not name the petitioners. It is only in the statement of Bhola Singh, which also refers only to the arrest of the Criminal Misc. No.M- 1926 of 2010 (O&M) -4- petitioners, the names of the petitioners have allegedly figured during investigation. Learned senior counsel has further submitted that co- accused Atma Singh has been allowed anticipatory bail by this Court, whose name figured in the statement of eye witness Davinder Singh but no specific role was attributed to him. Learned State counsel, on the other hand, has opposed this petition. Since in the present case, the petitioners were not named in the FIR nor their names figured in the statement of eye witness and they have been involved in this case on the basis of statement of Bhola Singh, which also has been made by the said person at the time of arrest of the petitioners and the petitioners are in custody since 9.9.2009, in these circumstances, it would be just and expedient to release the petitioners on bail. The fact that whether the petitioners are guilty of the alleged offence or not would more appropriately be gone into and considered during trial. Accordingly, this petition is allowed. The petitioners are ordered to be admitted to bail subject to the satisfaction of learned Chief Judicial Magistrate, Bathinda. (SABINA) JUDGE February 19, 2010 anita