Dismissed

Harjit Singh v. State of Punjab

Punjab & Haryana HC25 Jul 2012CRM-M/20939/2012

Case brief

AI extract

What is this about?

This is an oral order dismissing a petition for anticipatory bail filed under Section 438 Cr.P.C. The bench held that despite police innocence, serious allegations of being armed and giving the first blow in a murder case precluded the extraordinary relief of anticipatory bail.

What did the court decide?

The petition for anticipatory bail was dismissed as being devoid of merit.

Harjit Singh Vs State of Punjab — Murder and Culpable Homicide | Punjab & Haryana HC (2012)

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Crl.M.No.M-20939 of 2012(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl.M.No.M-20939 of 2012(O&M) Date of Decision: July 25, 2012

Harjit Singh

.....Petitioner

State of Punjab

.....Respondent

CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Mrs.G.K.Mann Advocate for the petitioner.

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.....

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RAM CHAND GUPTA, J.(Oral)

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Crl.M.No.40442 of 2012

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Application is allowed subject to all just exceptions.

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Crl.M.No.M-20939 of 2012

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The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.122, dated 24.10.2010, under Section 302 IPC, registered at Police Station Gharinda, District Amritsar.

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I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Amritsar, vide which petitioner-accused has been summoned to face trial.

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Brief allegations are that there was dispute regarding house between the parties, who are brothers. On 24.10.2010, at about 8.00 p.m., complainant alongwith his son Lovepreet was lifting Bajari from trolley,

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Crl.M.No.M-20939 of 2012(O&M) -2-

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whereas wife of the complainant, i.e., deceased, was preparing meal in the kitchen. In the meantime, co-accused Major Singh armed with gandasi, petitioner-accused Harjit Singh armed with sword came running towards his house followed by Dalbir Kaur and Lakhwinder Kaur. On lalkara being raised by Dalbir Kaur and Lakhwinder Kaur that Rajbir Kaur is the main root of the dispute and hence, she should be finished, petitioner-accused gave kirpan blow on Rajbir Kaur, which hit on the joint of her left hand, as a result of which her left joint was severely cut. She fell down and thereafter co-accused Major Singh gave gandasi blow twice, which hit on her forehead and the mouth.

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It has been contended by learned counsel for the petitioneraccused that he was found innocent by the police and only co-accused Major Singh was challaned and, however, on application filed by prosecution under Section 319 Cr.P.C., the same was allowed and petitioneraccused was summoned to face trial alongwith co-accused Major Singh. It is further contended that injury attributed to petitioner-accused is on the non-vital part of the body and that as per post mortem report, injuries suffered at the hands of co-accused Major Singh was sufficient to cause death.

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However, there are serious allegations against petitioneraccused. He alongwith co-accused came together to the house of the complainant while armed with deadly weapons. It was he who gave the first blow to the deceased. Hence, in view of the serious allegations levelled against him, merely on the ground that he was not challaned by the police, it cannot be said that he is entitled for extraordinary relief of anticipatory

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Crl.M.No.M-20939 of 2012(O&M)

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bail.

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Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Harjit Singh for grant of anticipatory bail

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is, hereby, dismissed being devoid of any merit.

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25.7.2012 meenu

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(Ram Chand Gupta) Judge

Harjit Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Harjit Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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