KULDIP SINGH Vs. STATE OF UT

JUDGEMENT

(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:

(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.