IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-17107 of 2009 Date of decision : August 04, 2009 Veer Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. DS Pheruman, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Veer Singh has filed this petition for bail in case FIR No.119 dated 22.12.2008, under section 304 IPC, Police Station Ghuman, District Gurdaspur. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, Shinda since deceased used to have fits of epilepsy. On 21.12.2008 as well, he had fits of epilepsy at about 4.00 PM and then he left his home. Search for him proved futile. On 22.12.2008 also complainant Rawinder Kaur alias Raj who is wife of the deceased was searching her husband alongwith Chandi, elder brother of the deceased. Dead body of Shinda was found lying outside village Bariar. The complainant lodged FIR alleging that the complainant learnt that her Criminal Misc. No. M-17107 of 2009 -2- husband had entered the house of the petitioner who thereupon had beaten the deceased resulting in his death. Similar statement has been made by Chandi elder brother of the deceased during investigation. Learned counsel for the petitioner vehemently contended that except statements of the complainant and elder brother of the deceased, there is no other evidence collected during the investigation to link the petitioner with alleged culpable homicide of the deceased. It is also contended that the complainant and Chandi had not seen the alleged occurrence and have not disclosed the source of their information nor the person who allegedly supplied the information that the petitioner had beaten the deceased has been cited as witness by the police. Learned State counsel after seeking instructions from HC Jaspal Singh does not controvert the aforesaid factual position. In view of the aforesaid but without commenting anything on the merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Gurdaspur. ( L.N. Mittal ) August 04, 2009 Judge 'dalbir'