Hardev Singh vs Rassal Singh and Another

Ram Chand Gupta, J.—The present petition filed under Sections 437/439 Cr.P.C. is for grant of bail to the petitioner in complaint case No. 77, dated 11.9.2009/719/2012, pending in the Court of learned Additional Sessions Judge, Tarn Taran. I have heard learned counsel for the parties and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Tarn Taran, vide which application filed on behalf of the present petitioner for bail was dismissed.

Briefly stated, initially the complaint regarding murder of Amarjit Kaur was lodged by the complainant with the police and, however, his complaint was filed by the police even without registering an FIR. Hence, he was having no option but to file criminal complaint with the Illaqa Magistrate.

Preliminary evidence was adduced including post mortem report and chemical examination report. After finding prima facie case, applicant-accused was ordered to be summoned to face trial by learned trial Court for offence u/s 302 IPC read with Section 34 IPC.

Brief allegations are that Sukhdev Singh is brother of present petitioner-accused. He was living with deceased Amarjit Kaur as husband and wife. They made a demand of share in the property of father of Sukhdev Singh and the present petitioner and hence, present petitioner, in connivance with co-accused committed murder of Amarjit Kaur. There are also allegations that petitioner used to quarrel with Amarjit Kaur and Sukhdev Singh due to their illicit relations.

It has been contended by learned counsel for the petitioner-accused that he was found innocent by the police and even FIR was not registered against him and hence, he is entitled for bail. It is also contended that he has been continuing in custody since 31.7.2013. He has also placed reliance upon Anil Kumar vs. State of Haryana 2004 (4) RCR (Criminal) 475, in which on the facts of that case, concession of bail was granted to the accused.

Bail application has been opposed by learned counsel for the State.

Be that as it may, there are very serious allegations against the petitioner-accused. Hence, he is not entitled for concession of bail, at this stage. Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Hardev Singh for grant of bail is, hereby, dismissed being devoid of any merit.