CRM-M-26223 of 2011 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-26223 of 2011 Date of Decision:12.10.2011 Ibrahim . . .Petitioner Versus State of Haryana . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Rajesh Lamba, Advocate, for the petitioner. Mr.Sagar Deswal, AAG, Haryana. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for bail pending trial in a case registered vide FIR No.53 dated 12.2.2011 under Section 304 of the Indian Penal Code, 1860 (for short ‘IPC’) at Police Station Tauru, District Mewat. The petitioner is in custody since 24.4.2011. As per the postmortem report, the cause of death was Septicemia produced as sequeale to injury to mesentry. It is submitted that mesenty is part of the body where the large intestine connects with the small intestine and because of coagulation of blood death of Abdula had occurred. It is further submitted that alleged occurrence took place on 5.2.2011 whereas death took place on 22.2.2011 after 17 days which may be a result of lack of proper treatment as the deceased has expired because of Septicemia. Moreover, it is argued by learned counsel for the petitioner that nothing has been mentioned in the FIR which may suggest that the petitioner had caused any injury in the abdomen of the deceased as the allegation against him is that he had given half brick blow on the head of the deceased. Learned counsel for the respondent has submitted that it has been admitted by the petitioner himself in his disclosure statement that CRM-M-26223 of 2011 - 2 - he had gave a leg blow on the stomach of the deceased. However, it is submitted that out of 19 witnesses 2 witnesses have already been examined. 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 of the case, the present petition is allowed and petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the trial Court. (RAKESH KUMAR JAIN) OCTOBER 12, 2011 JUDGE Vivek