CRM-M-35090 of 2011 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-35090 of 2011 (O&M) Date of Decision:15.12.2011 Mukesh and others . . .Petitioners Versus The State of Haryana . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Jitender Dhanda, Advocate, for the petitioners. Mr.Sagar Deswal, AAG, Haryana. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for bail pending trial in a case registered vide FIR No.228 dated 20.3.2011 under Sections 147, 149, 341, 323, 307, 427 & 302 of the Indian Penal Code, 1860 (for short ‘IPC’) at Police Station City, Hisar. As per the FIR, co-accused Bhindi (non-applicant) gave a brick blow on the head of the deceased Rajan, who started running thereafter and fell on the street. Blood started oozing out from his head. The other boys, as per the prosecution, including the present petitioners, also threw bricks in the street. CRM-M-35090 of 2011 (O&M) - 2 - Learned counsel for the petitioners has also referred to the injuries discovered during postmortem in which injury No.1 has been proved to be fatal and is directly attributed to Bhindi, who is in custody. Petitioner No.1 is stated to be in custody since 21.3.2011. Petitioner No.2 is in custody since 6.5.2011 and petitioner No.3 is in custody since 5.6.2011 whereas the challan is alleged to have already been presented because charges have been framed. It is also submitted by learned counsel for the petitioners that the petitioners are young boys, who are neither previous convicts nor any other case is pending against them. Learned counsel for the State has vehemently opposed the bail application and has submitted that though the allegation is that Bhindi (non-applicant) gave brick blow on the head of the deceased but while deceased was lying on the street, the present petitioners threw bricks upon him. However, he has submitted that there is only one injury on the head which has been proved to be fatal. Keeping in view the facts and circumstances of the case but without making any observation on the merits, present petition is hereby allowed and the petitioners are directed to be released on bail on their furnishing bail bonds to the satisfaction of the trial Court. (RAKESH KUMAR JAIN) DECEMBER 15, 2011 JUDGE Vivek