CRM-M-18639 of 2011 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-18639 of 2011 Date of Decision: 29.07.2011 Subhash (At present confined in District Jail, Faridabad) . . .Petitioner Versus State of Haryana . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Kunal Dawar, Advocate, for the petitioner. Mr.Vikas Malik, AAG, Haryana. ***** RAKESH KUMAR JAIN, J (ORAL) This is a petition for bail in a pending trial case registered vide FIR No.46 dated 30.1.2011 under Sections 302, 201 & 34 of the Indian Penal Code at Police Station Sadar Palwal, District Palwal, Haryana. The petitioner is not named in the FIR. Learned counsel for the petitioner has submitted that it is a blind murder case in which petitioner has been involved on the basis of his disclosure statement taken in police custody on 6.2.2011 in another case registered vide FIR No.56 dated 6.2.2011 under Section 25 of the Arms Act at Police Station Sadar, Palwal. It is submitted by him that in the disclosure statement, it is recorded that on 26.1.2011, the petitioner along with co-accused had killed Anu Malik and threw his dead body in Gaunchi Canal. Learned counsel for the petitioner has argued that as per the post-mortem report, which was conducted on 30.1.2011, the death is alleged to have occurred between 6 hrs. to 24 hrs. He further submits that in such circumstances the petitioner cannot be connected with the alleged crime because he has alleged to have committed the alleged crime on 26.1.2011 i.e. 4 days before the autopsy was done. He also submits that the only evidence with the prosecution is his disclosure statement in custody of the police and recovery of his own car which is alleged to have been used in the crime. Learned counsel for the State has, however, submitted that though it is a blind murder but all the recoveries have been effected from the co-accused on CRM-M-18639 of 2011 - 2 - the basis of disclosure statement made by the petitioner on 6.2.2011 after the incident which is alleged to have taken place on 26.1.2011. He has submitted that in these circumstances, the petitioner is directly connected with the offence. After hearing learned counsel for the parties and keeping in view the facts and circumstances of the case but without making any observations on the merits of the case, the present petition is hereby allowed. The petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the trial Court/Duty Magistrate. (RAKESH KUMAR JAIN) JULY 29, 2011 JUDGE vivek