CRM-M-4518 of 2011 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-4518 of 2011 (O&M) Date of Decision:01.11.2011 Arun Verma @ Kaku . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.S.S. Gill, Advocate, for the petitioner. Mr.A.S. Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for bail pending trial in a case registered vide FIR No.15 dated 15.01.2010 under Sections 304 & 201/34 of the Indian Penal Code, 1860 (for short ‘IPC’) at Police Station Focal Point, Ludhiana, District Ludhiana. This case relates to the death of one Sukhjit Singh. Initially his father did not raise any suspicion against anyone but after 38 days of the alleged recovery of the dead body, he named the present petitioner and two others namely, Om Parkash (father of the petitioner) and one Ashu, who was juvenile. The case set up by the prosecution is that the deceased was last seen in the company of the aforesaid three persons and since father of the deceased had an altercation with the petitioner, therefore, he has made the allegation that he is involved in the death of his son. Learned counsel for the petitioner submits that one of the co-accused namely Ashu, who happened to be a juvenile, has already been granted bail. He further submits that he is in custody since 30.5.2010 whereas learned counsel for the State submits that he was arrested on 16.1.2010. CRM-M-4518 of 2011 (O&M) - 2 - Be that as it may, it is submitted by learned counsel for the petitioner that the only theory propounded by the prosecution for seeking conviction of the petitioner is of last seen with the deceased whereas one of the last seen witnesses Virender has already turned hostile. He also submits that the case was being adjourned in the Court as Balihar Singh witness is not examined so far. It is further submitted that the petitioner is neither a previous convict nor any other case is pending against him. Learned counsel for the State, on instructions received from ASI Kulwinder Singh, has submitted that said Balihar Singh has already been examined on 19.6.2011. After hearing learned counsel for the parties and keeping in view the facts and circumstances of the case but without making any observation on the merits, the present petition is allowed. Petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the learned trial Court. (RAKESH KUMAR JAIN) NOVEMBER 01, 2011 JUDGE Vivek