IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-34025 of 2011 Date of decision: 28.11.2011 Parveen @ Pinna ......Petitioner Versus State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. R.S. Malik, Advocate for the petitioner. Mr. Sidharth Sarup, DAG, Haryana for respondent-State. Gurdev Singh, J. This petition under Section 439 of the Code of Criminal Procedure has been filed by Parveen @ Pinna-petitioner/accused for releasing him on bail for the offences under Sections 307/34 IPC and 25 of Arms Act, 1959 in respect of which FIR No. 52 dated 16.02.2011 was registered in Police Station Ganaur, District Sonepat and for which he is standing his trial before the Additional Sessions Judge, Sonipat. As per story, narrated in the FIR, a secret information was received against the present petitioner and other accused, who were already involved in a number of criminal cases, that they would go to Village Lalheri for committing some crime and that they were armed with unlicensed fire arms. The police party conducted nakabandi and after about 20 minutes the motor car, registration number of which was disclosed in secret information, CRM No. M-34025 of 2011 was seen coming from the side of Ganaur. When S.I Raj Pal gave a signal to stop that car, the same was slowed down and thereafter the occupants of that car by taking out their faces and hands from the window’s of the car, started firing at the police party with intention to kill the members thereof. The S.I and his companions fired in the air in their self defence. When the assailants tried to escape from the spot by reversing the car, they were apprehended and the present petitioner was found sitting therein, along with other accused. On his personal search, one pistol of 9 mm was recovered, which was unloaded and three live cartridges were recovered. In the course of investigation one spent cartridge of 9 mm was also recovered from the spot and it is the story of the investigating agency that the said cartridge had been fired from the said pistol. It is no injury case. The alleged recovery has already been effected. It has not been denied that the petitioner is in custody since 16.02.2011. The conclusion of trial will take long time. Keeping in view all these facts and without expressing any opinion on the merits of the case, this petition is accepted. The petitioner is ordered to be released on bail to the satisfaction of the trial Court subject to the following conditions: (i) He shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the Investigating Officer/Court; and (ii) He shall not leave the limits of this country without prior permission of the Court. 28.11.2011 (GURDEV SINGH) Sham JUDGE 2