IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-28983 of 2009 Date of decision : 14.12.2009 Rakesh Kumar ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr. Sanjiv Pandey, Advocate for the petitioner. Mr.Gaurav Garg Dhuriwala, AAG, Punjab for the respondent. .... MAHESH GROVER, J. This is a petition under Section 439 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.236 dated 23.10.2008 under Sections 302, 148, 149 IPC, at Police Station Salem Tabri, District Ludhiana. Learned counsel for the petitioner states that there are no allegations against him and the case is based solely on extra-judicial confession which is said to have been made before one Ranjit Singh. Further contends that in similar circumstances this court has granted concession of bail to co-accused Sunny Chawla in Crl.Misc.No.M- 14937 of 2009. Crl.Misc.No.M-28983 of 2009 -2- On the other hand, learned counsel for the State has contended that as per the material which has been collected during the course of investigation the petitioner was last seen with the deceased and apart from extra-judicial confession the prosecution has established the motive which is said to be that the deceased was a witness in a case in which the petitioner was facing prosecution under Section 302 IPC. After hearing the learned counsel for the parties, I am of the opinion that the petitioner does not deserve the concession of bail as during the course of investigation some material apart from extra- judicial confession is said to have been collected indicating the complicity of the petitioner in the commission of an offence which is one under Section 307 IPC. Having regard to the aforesaid, the petition is dismissed. However, it is expected of the learned trial court that the trial shall be concluded as expeditiously as possible. 14.12.2009 (MAHESH GROVER) JUDGE dss