Crl.M.No.35464-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.35464-M of 2010 Date of Order: 22.12.2010 Ram Lubhaya .....Petitioner Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. L.S. Goraya, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Prayer under Section 439 Cr.P.C is for grant of regular bail in case FIR No.122 dated 5.6.2010 under Sections 307/120-B/302/34 IPC, P.S City, Gurdaspur. Petitioner-Ram Lubhaya is stated to be brother-in-law (Sala) of the deceased David. As per allegations in the FIR lodged on the dying declaration of the deceased, the petitioner and Jinder-wife of the deceased and two sons-in-law had given him too much trouble and in order to usurp his property, his wife-Jinder is alleged to have sprinkled kerosene oil and set him ablaze resulting into his subsequent death. Learned counsel submits that as per the dying declaration, allegations of pouring kerosene oil and setting the deceased ablaze is only qua his wife-Jinder and not against the petitioner. He further submits that the police after investigation has found the two named sons-in-law of the deceased to be innocent and put them in column No.2 while presenting Crl.M.No.35464-M of 2010 #2# challan. It is further submitted that the petitioner is in custody since 5.6.2010. Learned state counsel, on instructions from ASI Joginder Pal, concedes that the challan has been presented and charges framed and that in the dying declaration, allegations of pouring kerosene and setting the deceased ablaze are only qua wife-Jinder. Without commenting upon merit of the case and taking into account the role ascribed to the petitioner and that the custody period besides the fact that the trial is likely to take sufficient time to conclude, I find that no useful purpose would be served by keeping the petitioner in custody any longer. Accordingly, petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Gurdaspur. December 22, 2010 ( JASWANT SINGH ) manoj JUDGE