SUKHWINDER SINGH @ HAPPY @ TARU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to the petitioner, Sukhwinder Singh @ Happy @ Taru, who has been booked for having committed the offences punishable under Sections 201 and 302 read with Section 34, IPC, in a case arising out of FIR No.32, dated 02.08.2012, registered at Police Station, Jaurkian, District Mansa.

(2.) Learned Senior counsel contends that even if the whole case of the prosecution is taken at its face value then also, not even an iota of evidence has come on record to connect the petitioner with the alleged murder of Gurpiar Singh. He further submits that Gurpiar Singh (deceased) had left his house on 20.07.2012 and thereafter, his dead body was found floating in the water tank on 21.07.2012. After taking out his dead body from the water tank, it was cremated without any autopsy being conducted. He further submits that the water works officials informed the police regarding the death of Gurpiar Singh in the water tank, therefore, the FIR was registered on 02.08.2012. He further submits that in the FIR neither the name of the petitioner emerged nor the allegations were levelled against any persons. He further submits that on 17.09.2012, one Jagga, who alleged himself to be the maternal uncle of the deceased, overheard certain persons in the liquor vend discussing with regard to the death of Gurpiar Singh and he passed on such information to his nephew Sukhraj (sister's son) about the discussion going on in the liquor vend.

(3.) Therefore, the petitioner was arrested on 27.09.2012 and after his arrest, one rope was allegedly recovered from him. He further submits that except that there is nothing available on record against the petitioner. He further submits that after investigation, the chargesheet (report under Section 173, Cr.P.C.) has already been filed before the court of competent jurisdiction, therefore, the petitioner is not required by the investigating agency for custodial interrogation.