PURSHOTAM Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) IN this petition, filed under the provisions of Section 439 of the Code of Criminal Procedure, 1973, petitioner is seeking grant of bail from custody, in relation to FIR No.RC0962012S0005, under the provisions of Sections 120 B, 364, 302, 201, 34 of the Indian Penal Code, registered at Police Station, CBI, Shimla, District Shimla, H.P. Petitioner was arrested on 27.3.2013. His bail application stands dismissed by the learned Sessions Judge, Shimla on 8.8.2013. Uninfluenced of the same, the present petition is being considered and disposed of on its own merits.

(2.) IN support of the petition, Mr. Aminder Singh, Advocate has made the following submissions ­ (i) petitioner is not named in the FIR; (ii) no recovery is effected from him; (iii) there is no eye witness to the incident; (iv) no motive for committing the crime is established against the petitioner; (v) since the dead body has not been recovered, in the absence of recovery thereof, there can be no presumption that Vijender Singh (deceased) has died; and (vi) during trial, wife of Vijender Singh (deceased) has admitted that in the morning, following the date of occurrence of the incident, deceased had made a telephonic call to one of his friends, which only falsifies the prosecution case.

(3.) AS per the case of prosecution, deceased Vijender Singh had given his poultry farm on rent to accused Lalit Kumar @ Lovely. Certain issue with regard to payment of rent and electricity charges arose between the landlord and the tenant. Accused Lalit Kumar, without clearing the same, removed his belongings from the poultry farm with the help of co accused Jagpal Singh and others. At that time, deceased was threatened by these persons. On 19.5.2010, a quarrel took place between the deceased and Jagtar Singh (father of accused Jagpal Singh), as a result of which Jagpal Singh also nursed a grudge against the deceased. On 4.6.2010, accused persons had come to the house of the deceased and threatened him. Following day, i.e. 5.6.2010, Rashpal Singh alias Guddu, Gurvinder Singh @ Anshu and others also gave beatings to the deceased. Matter was reported by deceased Vijender Singh to the police at Police Station, Nalagarh.