Crl. Misc. No. M-14960 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Misc. No. M-14960 of 2009 Date of Decision : August 10, 2009 Hardev Singh @ Bangi .... Petitioner Vs. State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. P. K. S. Phoolka, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. * * * L. N. MITTAL, J. (Oral) : Hardev Singh @ Bangi has filed this petition for bail in case FIR No.58 dated 18.06.2008, under Sections 302/201 of the Indian Penal Code (in short – IPC), registered at Police Station Sadar Bathinda, District Bathinda. I have heard learned counsel for the parties and perused the case file. Petitioner is first cousin of the deceased Surjit Singh @ Kaka Singh. The deceased had a scuffle with petitioner's father about seven months before the occurrence. Thereupon, both the families were not on speaking terms. However, about 2-2½ months before the occurrence, the Crl. Misc. No. M-14960 of 2009 2 parties again resumed their relations. Thereafter, on 29.04.2008, the petitioner took the deceased with him at 09:00 P.M. The deceased thereafter never came back home. The petitioner did not give any satisfactory reply. On 02.05.2008, dead body of Surjit Singh @ Kaka Singh was found in canal. It was cremated without post-mortem examination. FIR was lodged on 18.06.2008 alleging that the petitioner was wearing silver ring of the deceased and that the petitioner had also made extra- judicial confession before one Jagg Singh. Learned counsel for the petitioner vehemently contended that no post-mortem examination was conducted on the dead body. It was also contended that FIR was lodged after delay of seven weeks and there is no eye-witness. It was also contended that the petitioner is in custody since 08.07.2008 i.e. for the last one year and one month. The aforesaid factual position is not controverted by learned State counsel after seeking instructions from Head Constable Budh Singh. In view of the aforesaid, without meaning to comment anything on merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Bathinda. August 10, 2009 ( L. N. MITTAL ) monika JUDGE