Karampal Singh vs State of Punjab

M.M. Singh Bedi, J.—Petitioner seeks the concession of pre-arrest bail in a case registered on the basis of the secret information that the petitioner developed friendship with Prince @ Supreet Singh in order to grab his property as he was a tenant of said Prince. The allegation against the petitioner is that he alongwith his co-accused had kidnapped Prince taken him to different hotels under the influence of liquor and drugs and killed him on July 19, 2013 in connivance with his co-accused. The body was allegedly thrown in a street.

Counsel for the petitioner has vehemently contended that as per the passport of the petitioner he was not in India till July 18, 2013 and that he had actually purchased the property from the deceased for sale consideration of about Rs. 13 lacs.

I have heard learned counsel for the petitioner and gone through the police record. So far as petitioner is concerned, there are allegations of deceased having been last seen with the petitioner. The body was also allegedly recovered in front of the liquor shop of the petitioner.

State counsel on the basis of the record informs that murder in the present case is dated July 19, 2013 well after the period of petitioner''s return to India after July 18, 2013. In view of serious allegations of petitioner having abducted the deceased few days prior to his death, the petitioner cannot be granted the concession of pre-arrest bail. The plea of alibi cannot be appreciated or accepted at this stage.

Counsel for the petitioner submits that the investigation has not been fairly conducted regarding the factum of deceased being a habitual drunkard.

Taking into consideration the totality of the circumstances the circumstantial evidence of last seen, recovery of the body from a place belonging to the petitioner and the deceased having died of poison as per the post mortem report, no extraordinary exceptional circumstances exist to grant the concession of pre-arrest bail.

I have considered the contention of learned counsel for the petitioner regarding the plea of alibi. As the investigation is still at initial stage, the defence of alibi cannot be appreciated at this stage, in view of the fact that deceased is alleged to have died on the day when the petitioner was in India i.e. July 19, 2013. No doubt, circumstantial evidence is generally considered to be a weak type of evidence but it will be premature to arrive at a conclusion that the chain of circumstances is not sufficient enough to indict the petitioner or to substantiate the allegations levelled against the petitioner.

Dismissed at this stage.