IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.3708 -M of 2010 DATE OF DECISION : FEBRUARY 23, 2010 SURENDER SINGH @ SUNDER ....... PETITIONER(S) VERSUS STATE OF HARYANA .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Narender Sura, Advocate, for the petitioner(s). Mr. Tarun Aggarwal, Sr. DAG, Haryana. Mr. KDS Hooda, Advocate, for the complainant. AJAI LAMBA, J. (Oral) This petition under Section 439, Code of Criminal Procedure, has been filed for bail in case FIR No.3 dated 3.1.2008 under Sections 302, 201, 364, 147, 149, Indian Penal Code, Police Station, Narnaund, District Hisar. It has been brought out that Karamvir alias Makra, who was attributed similar role, has been allowed bail while dealing with CRM 30573-M of 2009 decided on 15.1.2010. It transpires that it is a case of circumstantial evidence, although the narration of the prosecution case indicates that two Bihari labourer/persons had witnessed the incident. Criminal Misc. No.3708 -M of 2010 2 Learned counsel for the respondent-State, on instructions from ASI Karan Singh, states that the said two persons have not been cited as witnesses in the final report filed under Section 173, Indian Penal Code or in the supplementary challan filed under Section 173(8), Indian Penal Code. In such circumstances, the case of Karamvir alias Makra cannot be distinguished from that of the petitioner. The petitioner has been in custody since 22.1.2008. Investigation has already been concluded. Umed, the main witness, has already been examined. Conclusion of trial is likely to take time as a revision petition against an order passed under Section 319, Code of Criminal Procedure, is pending in this court. Considering the totality of facts and circumstances of the case, this petition is allowed. Bail to the satisfaction of CJM/Duty Magistrate, Hisar. February 23, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?