Crl. Misc. No.M-35391 of 2010 ****** Balbir Singh @ Beera Vs. State of Punjab Present : Mr. Iqbal S. Mann, Advocate for the petitioner. Mr. U.S. Dhaliwal, Addl. A.G., Punjab. ******* AJAY TEWARI, J. (ORAL) On 02.12.2010, the following order was passed:- “Prayer under Section 439 Cr.P.C. is for grant of regular bail in case FIR No.88 dated 10.11.2009 under Sections 302, 211 IPC, PS Bariwala, Distt. Muktsar. Learned counsel submits that the case of the prosecution is based on circumstantial evidence. It is further submitted that besides the “last seen” evidence there is no other evidence to connect the petitioner with the death of co-villager Angrez Singh, whose death was opined to have been caused due to drowning. It is next submitted that as per prosecution allegations there is no previous enmity. It is thus contended that petitioner who is in custody since November, 2009 and material witnesses having been examined petitioner is entitled to bail. Notice of motion for 22.12.2010” Learned Additional Advocate General, Punjab has very fairly stated that there is no doubt that the only evidence against the petitioner is of “last seen” and that the major prosecution witnesses have already been examined. Crl. Misc. No.M-35391 of 2010 -2- In my considered opinion, no useful purpose would be served by keeping the petitioner behind the bars. The petitioner is directed to be released on bail to the satisfaction of C.J.M./Duty Magistrate, Muktsar. Petition stands disposed of. ( AJAY TEWARI ) January 28, 2011. JUDGE ashish