Criminal Misc. No. M-3399 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-3399 of 2009 Date of Decision:21.07.2009 Sandeep .....Petitioner Vs. State of Haryana .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Deepak Gupta, Advocate for the petitioner. Mr. Amit Kaushik, Assistant Advocate General, Haryana. **** HARBANS LAL, J. This petition has been moved by Sandeep under Section 439 of Cr.P.C seeking his regular bail in case FIR No.89 dated 13.6.2007 registered under Sections 302/323/34 IPC at Police Station Israna, District Panipat. The facts in brief are that this case was registered on the basis of the statement of Rajesh in the terms that today (referring to 13.6.2007) in the afternoon, my brother had gone to the tubewell for taking bath near canal fields and earlier in the morning, I was irrigating my fields with the water of canal. Pardeep and Jaideep had a talk with me. On this, I came back to my home. Due to this revenge, Sandeep (referring to the petitioner) and Pardeep had beaten up Rakesh who came back to the house and told us about this episode. In the same evening at about 5:00/ 6:00 P.M., Dilbag armed with lathi, Jaideep holding a jelly, Sandeep (petitioner) armed with lathi and Pardeep came in front of our house. Dilbag raised a lalkara and Criminal Misc. No. M-3399 of 2009 -2- said come out from the house and he will teach a lesson for irrigating the fields with water and by saying so, Jaideep who was having a jelly in his hand gave a blow on the left side of the chest of my father Raghbir Singh who was smoking Hukka by sitting near the door. I and my brother Rakesh immediately ran to save him. Then Jaideep gave a jelly blow to my brother Rakesh. Sandeep and Pardeep gave lathi blows on the back and my arms. After receipt of injuries, my father had fallen down. My father succumbed to the injuries outside the Civil Hospital, Panipat. The learned State Counsel urged with great vehemence that the prosecution has concluded its evidence and the trial has been fixed for examining the accused under Section 313 of Cr.P.C and that being so, no case is made out for admitting bail to the petitioner. As against this, the learned counsel for the petitioner submitted that the petitioner being in custody since long may be released on bail. In view of the submission made by the learned State Counsel, no case is made out for bestowing the concession of bail upon the petitioner. Consequently, this petition is dismissed. July 21, 2009 ( HARBANS LAL ) renu JUDGE