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2012 DIGILAW 1850 (PNJ)

Bhupinder Singh v. State of Punjab

2012-12-18

VIJENDER SINGH MALIK

body2012
JUDGMENT Mr. Vijender Singh Malik, J.(Oral) - Bhupinder Singh, the petitioner seeks regular bail in a case registered by way of FIR No. 75 dated 20.06.2012 at Police Station Sadar Ludhiana, District Ludhiana City, for an offence punishable under sections 302, 201 and 120-B IPC, from which section 302 IPC was deleted lateron and challan was filed under section 304-B IPC. 2. Learned counsel for the petitioner submits that this is a case got registered by a resident of village Bulara on the allegations that Harjinder Singh and his brother-in-law (sala) had beaten Varinder Singh alias Lucky, on account of which he died. According to him, claiming that to keep the death a secret, to avoid the attention of the police, the dead body was cremated at Dholewal Chowk, Ludhiana after bringing the same to the house of the petitioner. According to him, the petitioner is 40% disabled person and his wife is 90% disabled. According to him, he had no role in the entire matter. He further submits that in fact Varinder Singh alias Lucky was a drug addict and he died on account of his addiction and the cremation was got done in Ludhiana by Harjinder Singh, his father only to conceal the factum of his being a drug addict. According to him, the petitioner is in custody since 23.06.2012. According to him, at the most he can be held liable under section 201 IPC and he is entitled to bail for the said offence. 3. Learned State counsel, on the other hand, submits that on the very day dead body was brought to the city and cremated would show that something was there to be concealed and it could not be the fact that the deceased was a drug addict. 4. Whatever the reason may be with Harjinder Singh to bring the dead body of his son, Varinder Singh alias Lucky to Ludhiana, it is a fact that Bhupinder Singh is not alleged to have been involved in the beating of Varinder Singh alias Lucky, the deceased. His role at the most is attracting under section 201 IPC. The petitioner is in custody since 23.06.2012 and for this fact, I find him to be entitled to bail. Hence, the petition is allowed. His role at the most is attracting under section 201 IPC. The petitioner is in custody since 23.06.2012 and for this fact, I find him to be entitled to bail. Hence, the petition is allowed. The petitioner is ordered to be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- with one surety in the like amount to the satisfaction of learned trial court.