In the High Court of Punjab and Haryana at Chandigarh Crl.M.No. M-7557/2010 Date of decision: 29.9.2010. Jaspal Singh ....................Petitioner. v. Union Territory,Chandigarh .....................Respondents. Coram: Hon'ble Mr.Justice Jaswant Singh. Present:- Mr.Tarunveer Vashisth,Advocate for the petitioner Ms.Ashima Mor,Advocate for respondent-UT Chandigarh. Jaswant Singh,J.(Oral). Prayer under Section 439 Cr.PC is for grant of regular bail on behalf of accused Jaspal Singh in FIR No.190 dated 29.9.2009 under Section 302 IPC, PS Sector 31, Chandigarh. As per allegations in the FIR, deceased Brij Lal was taking a bath at the water tap used by the residents in an inebriated state and allegedly without clothes. This incident infuriated the residents including the petitioner and his co-accused brother Shiv Kumar @ Shivji and Saurabh. It is alleged that the petitioner alongwith aforesaid two co-accused gave beating and tore the clothes of Brij Lal. It is further alleged that co-accused Shivji sprinkled kerosene oil on deceased Brij Lal and petitioner Jaspal Singh @ Mushkil caught hold of Brij Lal while Saurabh lit a match stick and burnt him which resulted in his death at Govt.Medical College @ Hospital, Sector 32, Crl.M.No. M-7557/2010 -2- Chandigarh due to burn injuries. Learned counsel for the petitioner has submitted that the complainant (wife of deceased Brij Lal) has turned hostile and not supported the case of the prosecution as also that petitioner Jaspal Singh is not named in the FIR. Learned counsel for the UT Chandigarh states that it has come in evidence that petitioner Jaspal Singh is also known by the nick name of “Mushkil” and he has been named in the FIR as well as in the statement under Section 164 Cr.PC of the deceased. She further states that the identity of the petitioner has never been in doubt. She further states that trial is at the advance stage and in case petitioner is released on bail there is every likelihood that he may intimidate the witnesses. After hearing the learned counsel for the parties, and in view of the gravity of the offence and the fact that identity of the petitioner is not in dispute, no case for bail is made out. Dismissed. 29.9.2010 (Jaswant Singh) joshi Judge