Balraj Singh @ Billu v. State Of Punjab

CRM-M-535-2019 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-535-2019 DATE OF DECISION:-15.01.2019 BALRAJ SINGH ...PETITIONER...

V.

STATE OF PUNJAB ...RESPONDENT...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. D.S. Pheruman, Advocate, for the petitioner.

Mr. Davinder Bir Singh, DAG, Punjab.

***** RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 439 Cr.P.C. has been made for grant of regular bail to petitioner in a case arising from FIR No.0027 dated 03.08.2018 registered under Sections 304 and 120B IPC, Police Station Airport, District Police Commissionerate, Amritsar.

According to the prosecution, in the evening of 28.08.2018, petitioner took nephew of the complainant namely Narinder Singh @ Tony from his house with him. Thereafter, he did not return home. Later on, dead body of Narinder Singh @ Tony was found in the cremation ground of village Bal Sachander.

Learned counsel contends that till date chemical examiner report as well as histrophathological report has not been received. SONIKA 2019.01.17 12:38 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-535-2019 --2-- Therefore, as on date cause of death of Narinder Singh @ Tony is not ascertainable. As per disclosure statement of petitioner, deceased himself had injected some intoxicant substance in his body after mixing the same with water, which he had procured from a third person. Thereafter, Narinder Singh @ Tony died and the petitioner shifted his body to the cremation ground. Prima facie, no case is made out against the petitioner.

On the other hand, learned State counsel admitting that Histrophathological as well as chemical report has not been received, opposed the grant of bail to the petitioner.

In view of above, but without expressing any opinion on the merits of the case, the petitioner is granted interim bail subject to his furnishing personal bonds and two sureties of `2.00 lakh each to the satisfaction of the trial Court/Duty Magistrate, concerned only till receipt of the chemical report as well as histrophathological report. The petition stands disposed of accordingly.

15.01.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2019.01.17 12:38 I attest to the accuracy and authenticity of this document Chandigarh