IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-16280 of 2009 Date of decision : August 24, 2009 Satpal alias Pala ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Ashit Malik, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana with Mr. RS Budhwar, Advocate, for the complainant L.N. Mittal, J. (Oral) Satpal alias Pala has filed this petition for bail in case FIR No. 404 dated 30.9.3008 under sections 323, 324, 325, 302 read with section 34 IPC, Police Station Assandh, District Karnal. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, the petitioner inflicted sword blow on the leg of the deceased and another co-accused Maha Singh inflicted lathi blows on leg as well as chest. Dharam Pal co-accused inflicted gandasi blow on the head of the deceased. Learned counsel for the petitioner vehemently contended that no incised wound was found on the leg of the deceased at the time of medico legal examination as per MLR Annexure P/1. On the other hand a Criminal Misc. No. M-16280 of 2009 -3- lacerated wound was found on the leg which was attributed to petitioner's co-accused Maha Singh. Learned State counsel is unable to controvert this contention. Learned counsel for the petitioner also contended that the deceased was released from hospital on 9.10.2008 and as per statement of the treating Surgeon, deceased Jai Singh was discharged on 9.10.2008 after he got well and at that time he did not have any wound or other ailment and nothing was expected which could result in his death. Learned counsel for the petitioner contended that as per Histopathology report, the heart of the deceased showed changes of chronic ischaemic heart disease. Learned counsel for the petitioner accordingly contended that death was on account of heart attack and not on account of injuries suffered in the occurrence. However, learned State counsel controverted this contention by submitting that according to the doctor's opinion, cause of death was injuries, lung congestion and possibly cardiac arrest. The petitioner is in custody since 5.11.2008 i.e. for almost ten months. Keeping in view all the circumstances but without meaning to express any opinion on the merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Karnal. ( L.N. Mittal ) August 24, 2009 Judge 'dalbir'