Alok Singh, J. - (1.) THIS is an application seeking regular bail in case FIR No. 205 dated 25.11.2009 under Sections 302/307/392/34 IPC and Sections 25/27/54/59 of Arms Act, P.S. Sector 19, Chandigarh.
(2.) BRIEF facts are that on 25.11.2009, Simmy Sharma has lodged an FIR, which reads as under: About 1 -1/2 -2 years ago, Harjinder Singh had purchased car No. PB 16 -C 7070, Red Ford Fiesta, on the basis of documents of Davinder Singh S/o Gurnam Singh, due to which a dispute was going on in between both of them. Davinder Singh had also come earlier to Harjinder Singh in his office with regard to the aforesaid car and after having a talk had gone back. Today, 7.30 P.M., Davinder Singh along with his 5 -6 accomplices came to the office and they having entered the Cabin of Harjinder Singh were talking about Ford Fiesta Car. One Sardar person was accompanying with them. They entered into an altercation and Harjinder Singh gave me a voice saying, "Simmy, make a phone call to the Police", thereafter, Davinder Singh and Harjinder Singh while quarreling, came out of the Cabin. The accomplices of Davinder Singh had also come out and they also started manhandling Harjinder Singh. I tried to rescue him whereupon they pushed me aside and Davinder Singh' accomplices overpowered Harjinder Singh. Davinder Singh declared that since he was not going to hand over the car to them so they should finish him that day and Davinder Singh having taken out his pistol made a fire shot on the left side of chest near the shoulder of Harjinder Singh. I raised an alarm saying, "Save Save" and I had broken the kitchen pane. In the meantime, Davinder Singh along with his accomplices fled away from the spot. Thereafter, with the help of the persons of the market, I took Harjinder Singh to G.M.C.H, Sector 32 for treatment. A legal action may kindly be taken against Davinder Singh and his accomplices Shri Rajiv Sharma was also there. During the investigation, it was found that present Petitioner along with other co -accused came to Sector 20 -A, Chandigarh in a car driven by the Petitioner - accused. He remained down stairs near the car and other co -accused went up stairs when Harjinder Singh was shot dead. Thereafter, other co -accused came down stairs and went from the spot in a car driven by present accused - Petitioner. Vijay Kumar, prosecution witness has seen the accused - Petitioner coming, waiting and going in a car along with other co -accused driven by the Petitioner.
(3.) MR . R.S. Cheema, learned Senior Advocate assisted by Mr. Rajiv Trikha, Advocate has vehemently argued that Petitioner has played no role in the murder of Harjinder Singh. He has further asserted that from the prosecution story, it is clear that Petitioner was standing down stairs and was not on the spot; Devinder Singh allegedly fired shot on the left side of chest of Harjinder Singh - deceased. He has further stated that since Petitioner is neither named in the FIR nor played any active role except taking the other accused to Sector 20 -A and again taking the accused from Sector 20 -A to back. He has further argued that even if it is presumed that Petitioner was member of unlawful assembly, that unlawful assembly was to take back the car or the cost thereof from Harjinder Singh deceased and not to commit murder of Harjinder Singh. He has further argued that on the up -stairs another unlawful assembly can be said to have been formed of which the Petitioner was not the member.;