S.S. Saron, J. - (1.) THIS order will dispose of above said two Criminal Misc. petitions as they arise out of the same occurrence and FIR 113 dated 16.8.2006 registered at Police Station Mehna, for the offences under Sections 302, 201, 382 and 34 IPC.
(2.) THE FIR in the case has been registered on the statement of Harjinder Singh who has stated that his elder brother - Chand Kishan (deceased) was running an auto -rickshaw in Moga. On 4.3.2004, Chand Kishan left his house with his auto -rickshaw but when he did not return upto 10 p.m. then Harjinder Singh - complainant and his father - Banarsi Dass searched for him at the Bus Stand and near about the places of Bus Stand. However, he could not be found. Next day, Banarsi Dass gave a report at Police Station City -II regarding disappearance of Chand Kishan. Thereafter, on 6.3.2006, an unidentified body had been received at the Civil Hospital, Moga for post -mortem. The same was identified to be that of Chand Kishan. The complainant was informed that the cause of death would be determined after chemical examiner's report. The dead body was found from the fields of village Dala and his auto -rickshaw was found at the Haddan Rori of Dhoorkot Tahliwala. They could not believe the sudden death of Chand Kishan. Despite the receipt of chemical examinder's report, the complainant was not informed about the cause of death. The complainant, however, had been inquiring about the same. It came to his knowledge that on 4.3.2004, when his brother was standing at the Ludhiana - Kotkapura Bye -pass, Moga with his auto -rickshaw then one Kuldeep Singh (Petitioner) and Jaswant Singh @ Basanti (Petitioner) and Baldeep Singh @ Vicky (non -Petitioner) residents of Dala hired his auto -rickshaw for going to village Dala. These persons offered drinks to Chand Kishan and when they were going from Mehron to village Dala near the fields of Swaran Singh, they inflicted injuries to the deceased and gave him liquor having added some poisonous substance in it and killed him by strangulation with the rope which is used to start the auto -rickshaw. His body was thrown into a well and they took the auto -rickshaw and left in the Haddan Rori near Dhoorkot. It was confirmed, according to the complainant, that Kuldeep Singh, Jaswant Singh and Baldep Singh with the intention to take the auto -rickshaw had murdered Chand Kishan by strangulation by administering some poisonous substance in the liquor. Later, they threw the dead body into the well. The co -accused of the Petitioners namely Baldeep Singh, has by order dated 20.2.2007 (Annexure P3) been granted the concession of bail. There is no direct evidence in the case. Besides, the learned Counsel for the Petitioners have submitted that motive of snatching the auto -rickshaw cannot be attributed to the Petitioners as the auto -rickshaw was not recovered from any of the Petitioners. Rather, it was found abandoned and was recovered from some other village.. The trial Court, it is submitted, has recorded the statements of three witnesses namely Rajinder Singh, Iqbal Singh and Banarsi Dass who have not supported the prosecution case. An extra -judicial confession was made before Iqbal Singh by the accused who has inter alia stated that his statement as not recorded by the Police. He denied that on 17.8.2006 his statement was recorded by the SHO of Police Station Mehna. He denied that any of the accused - Kuldeep Singh, Jaswant Singh and Baldeep Singh came to him or informed him about the murder of Chand Kishan by strangulation after administering some poisonous tablet in the liquor. The Petitioners are in custody since 19.8.2006. The evidence of three witnesses only till now has been recorded and 19 more witnesses are to be examined, which is likely to take time. The occurrence in the present case was of 4.3.2004 and the FIR was registered on 16.8.2006 after more than 2 years of the occurrence. The role attributed to the Petitioner is similar to that of Baldeep Singh who has been granted bail vide order dated 20.2.2007 (Annexure P3). Therefore, the Petitioners are also entitled to the concession of bail.
(3.) CONSEQUENTLY , the Petitioners, on their furnishing personal bond and surety each to the satisfaction of the learned CJM Moga, shall be admitted to bail.;