Crl. Misc. No.M-6245 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-6245 of 2011 Date of decision: December 12, 2011. Raj Singh .. Petitioner VERSUS State of Punjab. .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.Madan Sandhu, Advocate, for the petitioner. Mr.K.S.Sidhu, DAG, Punjab. M.M.S.BEDI, J (ORAL). Petitioner seeks the concession of regular bail in a case registered at the instance of Bali Singh alleging that his brother Lilly Kumar was waylaid and assaulted by non-petitioners Daljit Singh. Dr.Chhinda and Mithu Singh on 28.07.2009. Daljit Singh and Dr.Chhinda, had fired at Lilly Kumar causing his death. A supplementary statement was recorded on 03.08.2009 alleging that the persons originally named were not culprit, but it was Amarjit Singh and 10-12 other persons including the petitioner who had killed Lilly Kumar. Complainant Bali Singh appeared as an eye- witness and he has deposed that Daljit Singh and others, as stated by him, originally fired at the deceased. So far as the petitioner is concerned, he has not been attributed any injury or participation. As per the statements of . . . 1 Crl. Misc. No.M-6245 of 2011 PWs Jarnail Singh and Amarjit Singh, the petitioner had arrived on the spot immediately after the occurrence and was informed that Lilly Kumar had been eliminated and thus good news should be shared with Gurbir Singh and Daljit Singh. PW Malkiat Singh in his statement under Section 164 Cr.P.C., had made a statement having seen the petitioner after the occurrence. He has also been examined but has not supported the case of the prosecution. It is pertinent to observe here that Jarnail Singh and Amarjit Singh, the main witnesses who had soon arrived on the spot immediately after the occurrence have appeared in the trial Court on 15.11.2011. Both of them have turned hostile. In view of Amarjit Singh and Jarnail Singh PW.7 & PW.8, having turned hostile and the main accused Daljit Singh and others having already been granted the concession of bail by a Coordinate Bench of this Court, the petitioner can also be granted the relief of regular bail during the pendency of the trial as he has been in custody w.e.f., 10.08.2009. Without expression of any opinion on merits of the case, the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the trial Court. Disposed of. (M.M.S.BEDI) JUDGE December 12, 2011. rka . . . 2