IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-26380 of 2009 Date of decision : 4.12.2009 Km.Paramjit Kaur alias Pammi ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr. J.B.S.Gill, Advocate for the petitioner. Mr.Gaurav Garg Dhuriwala, AAG, Punjab for the State. .... MAHESH GROVER, J. This is a petition under Section 439 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.66 dated 6.5.2009 under Sections 148, 302, 324, 323, 149 IPC, at Police Station Mahilpur, District Hoshiarpur. The petitioner along with other family members are alleged to have trespassed into the house of the complainant and caused injuries to Raghubir Singh, who died on account of the same. It is contended by the learned counsel for the petitioner that the entire family has been roped in and the petitioner who is an unmarried girl has also been implicated. He contends that in the FIR Crl.Misc.No.M-26380 of 2009 -2- the role attributed to the petitioner is that she was armed with a danda and gave a blow on the right leg below the knee of the deceased. He further contends with reference to the MLR that the injury referred to as the one below the knee is multiple fracture which cannot be caused with a danda. He thus pleads false implication. On the other hand, learned counsel appearing for the State contends that the death of Raghubir Singh is on account of the injury on head and since the petitioner is involved in a case under Section 302 IPC, she does not deserve the concession of bail. I have heard the learned counsel for the parties and perused the material on record. The petitioner is in custody since 7.5.2009 and even if the allegations are taken to be correct, the role attributed to the petitioner is of causing injury on the non-vital part of the body of deceased. In any eventuality, since there are other persons also involved, according to the FIR, who were armed with blunt weapons, the possibility of the petitioner having caused an injury or not to the deceased will be a moot question to be decided on the basis of evidence which shall come on record and for the time being the petitioner deserves the concession of bail. Accordingly, the present petition is accepted and the petitioner is directed to be released on bail under the provisions of Section 439 Cr.P.C. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Hoshiarpur. Crl.Misc.No.M-26380 of 2009 -3- Nothing stated herein shall be construed to be an expression on the merits of the case. 4.12.2009 (MAHESH GROVER) JUDGE dss