IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 15346 of 2010(O&M) Date of Decision: August 16, 2010. Rakesh @Mota ...... PETITIONER(s) Versus State of Punjab ...... RESPONDENT(s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Rajbir Sehrawat, Advocate for the petitioner. Mr. K.D.Sachdeva, Addl.A.G., Punjab. ***** RAM CHAND GUPTA, J.(Oral) CRM No.37101 of 2010 Requests for placing on record Annexures P12 and P13. The same are taken on record subject to all just exceptions. CRM stands disposed of. CRM No.M-15346 of 2010 This is an application for regular bail filed under Section 439 of Cr.P.C. in FIR No.222 dated 31.12.2008, under Sections 302/148/149/120-B IPC read with Sections 25/54/59 of Arms Act, registered at Police Station Sirhind, District Fatehgarh Sahib. CRM No.M-15346 of 2010 I have heard learned counsel for the parties and gone through the record. It has been argued by learned counsel for the petitioner that petitioner has been continuing in custody since 19.02.2009. It is further contended that the case of petitioner-accused is similar to co-accused, who have been granted bail. Bail application has been opposed by learned counsel for the State on the plea that petitioner-accused alongwith main accused Vikas @Rocky was travelling in the same car in which deceased, Padam Dalal was travelling at the time of occurrence and rather the said car was being driven by the deceased, who was stopped in the way and murder was committed, though act of firing was done by co-accused Vikas @Rocky. Further contended that co-accused, who have been granted bail, were in the other car at the time of occurrence. Further contended that petitioner-accused is also involved in another case for offence under Section 302 IPC, which was committed earlier to this murder i.e. FIR No.341 dated 05.12.2008, under Sections 302/34 IPC, registered at Police Station Rohtak. Further stated that part evidence has already been recorded and the case is now fixed for 17.08.2010 for remaining evidence of prosecution. Case of present petitioner cannot be said to be similar to co- accused as they were in another car at the time of occurrence whereas the murder had taken place in car driven by Padam Dalal, deceased. The present petitioner was with co-accused Vikas @Rocky at that time. Hence, keeping in view these facts and without expressing anything on the merit of the case, I am of the view that it is not such a case in which concession of bail should be granted to the accused. There is no merit 2 CRM No.M-15346 of 2010 in the instant application for bail filed by Rakesh @Mota. The same is, hereby, dismissed. However, learned trial Court is directed to expedite the trial as petitioner has been continuing in custody since 19.02.2009 by taking this case on day to day basis. ( RAM CHAND GUPTA ) August 16, 2010. JUDGE 'om' 3