Criminal Misc.-M No. 5844 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 5844 of 2011 (O&M) Date of decision: 19.9.2011 Pardeep .. Petitioner Vs. The State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. R. S. Rai, Senior Advocate with Mr. Gautam Dutt, Advocate for the petitioner. Mr. S. S. Goripuria, Deputy Advocate General, Haryana. ... Rajesh Bindal J. Prayer in the present petition is for grant of regular bail to the petitioner, who is in custody since 6.12.2010. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated. A perusal of the FIR shows that the deceased died of a gun shot injury directly attributed to Jitender @ Jite. The petitioner was not even present at the site of incident. He is involved in conspiracy on the statement of one Ashok recorded on 26.11.2010, i.e., more than one month after the incident, where he stated that he over-heard the petitioner, Jitender @ Jite and Monu @ Manoj conspiring to kill Dharmender. Beyond that, there is no material with the investigating agency to link the petitioner with the crime. On the other hand, learned counsel for the State submitted that the petitioner is brother of the main accused-Jitender @ Jite. Ashok, whose statement was recorded on 26.11.2010, specifically stated that he over- heard the conversation of the petitioner, Jitender @ Jite and Monu @ Manoj, where they were saying that since Dharmender was pressurizing for money, he should be killed. The petitioner has been charged under Section 120-B IPC. Jitender @ Jite and Monu @ Manoj are in custody. Criminal Misc.-M No. 5844 of 2011 [2] After hearing learned counsel for the parties and considering the fact that the petitioner was not present at the site of occurrence, as he has not been named in the FIR; his name figured in the statement of Ashok recorded on 26.11.2010 stating that he over-heard the conversation of the petitioner with Jitender @ Jite and Monu @ Manoj, where they were planning to murder Dharmender for his asking money from Jitender @ Jite and beyond that no material has been referred to against the petitioner, in my opinion, the petitioner deserves concession of bail pending trial. He is directed to be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Jhajjar. The petition stands disposed of. (Rajesh Bindal) Judge 19.9.2011 mk