IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO. M 32748 of 2008 DATE OF DECISION : 25.2.2009 Sakir @ Kala ......PETITIONER VERSUS State of Haryana. ......RESPONDENTS PRESENT: Mr.Sunil Panwar, Advocate Mr. SS Goripruia, DAG, Hry M.M.S.BEDI,J. The petitioner seeks the concession of regular bail in a case registered at the instance of ASI Prabhu Dayal alleging that when a police party headed by him was present along with Anti Cow Slaughter Staff, District Mewat at a naka held on Khod Basai road , two dumpers came from the side of Ghuspethi road loaded with cows. One dumper was being driven by Naseem, in which his brother Zuber and the petitioner were present where as the other dumper was being driven by the brother of Sariff and two other persons were present. Naseem is alleged to have intentionally hit the dumper with Constable Satbir Singh and ran over him. So far as the petitioner is concerned, the part attributed to him is that he had instigated Naseem to run over Constable Satbir Singh along with others. Constable Satbir Singh no doubt subsequently died of the injuries but the others, who had instigated Naseem, cannot at this stage be said to have shared a common intention. It will be established during trial whether the petitioner, who himself was not driving the vehicle had actually instigated Naseem to kill Constable Satbir Singh. Without expression of any opinion on merits of the case, it is sufficient to observe that the petitioner has been in custody since 10.2.2007 and can be granted the concession of bail. The petition is allowed and the petitioner is ordered to be released on bail on furnishing bail bonds/surety bonds to the satisfaction of the trial Court. February 25 ,2009 ( M.M.S.BEDI ) TSM JUDGE