CRM M-20533 of 2014 [1].IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM M-20533 of 2014 Date of Decision: August 4, 2014 Rachpal Singh …..Petitioners versus State of Punjab …..Respondent CORAM: HON’BLE Mr.JUSTICE M.M.S.BEDI.
-.- Present:- Mr.A.D.S.Sukhija, Advocate for the petitioner.
Mr.Ankur Jain, AAG, Punjab.
Mr.S.P.S.Sidhu, Advocate.
-.- M.M.S.BEDI, J.
(ORAL) Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Sukhdev Singh on account of having been hit by a vehicle.
Counsel for the petitioner submits that the petitioner has been implicated in the case though he was neither present on the spot nor he made any alleged extra-judicial confession before Daler Singh.
Counsel for the petitioner has vehemently contended that the only allegation levelled against Gupta Sanjay 2014.08.06 11:36 I attest to the accuracy and integrity of this document High Court Chandigarh CRM M-20533 of 2014 [2].the petitioner is that he was seen talking to accused Gurmukh Singh and Lal Singh and that the accident had occurred on the signal of Gurmukh Singh.
Counsel for the petitioner submits that the case of blind accident has been converted into a case of assault on account of previous enmity between the parties.
I have considered the contentions of learned counsel for the petitioner and appreciated the fact that the petitioner has not been attributed any specific overt act but his conspiracy and connivance has been sought to be established by the prosecution by levelling allegations that he was present on the spot alongwith Gurmukh Singh who had given signal to car driver to struck the vehicle against Sukhdev Singh.
Appreciation of the evidence collected against the petitioner is not appropriate at this stage.
No opinion can be expressed at this stage regarding the connivance and participation of the petitioner alongwith his co-accused.
The circumstances of the case may constitute good grounds for grant of regular bail but grant of pre-arrest bail in a murder case at this stage when the investigation is not complete, does not appear to be appropriate.
Without prejudice to the rights of the petitioner to seek the concession of regular bail in accordance with law, this petition is dismissed.
Nothing mentioned in this order will prejudice the rights of the petitioner to avail the remedy of regular bail.
Interim order is hereby vacated.
August 4, 2014 (M.M.S.BEDI) sanjay JUDGE Gupta Sanjay 2014.08.06 11:36 I attest to the accuracy and integrity of this document High Court Chandigarh